In a sex crime case where there is a felony conviction, almost every case results in an automatic appeal right. Regardless of whether there are good facts or legal issues to raise to the court or not, you have the right to appeal. Oftentimes, there are appeal cases where people will say there is not a good appellate issue. That’s an assessment that should only be made by an appellate attorney after a complete review of the record of trial. The only way you can feel like you’ve done everything you can is to make sure that you’ve got someone on your side who is extraordinarily experienced, has a great success record, and really knows the law inside and out.
Can You Appeal A Sex Crimes Conviction Where You Pled Guilty?
Often, we get phone calls asking if an appeal can be filed even though the person pled guilty at the trial. A person who pleads guilty may still have certain appellate rights, but they are likely limited. The courts have been very clear that when you plead guilty, you waive your right to many of the issues that might have been otherwise raised if you had pled not guilty.
We know that during the time period where you are being pressured to plead guilty, some defense counsel may twist your arm to try to get you to do something you don’t want to do. Then, you are left sitting in jail. We’ve had unique success in raising legal issues even though there had been a guilty plea. The most important point is that even if you plead guilty, you need the very best appellate attorney you can find to assess the viable legal arguments.
What Steps Must I Follow To Appeal A Conviction?
You’ve got to take certain steps to make sure you are filing a timely appeal. When a defendant is convicted their time for appeal begins almost immediately in most jurisdictions. It is important to act quickly. First deciding if you want new appellate counsel or the same attorneys that took you through trial. Most will tell you to find new counsel. It will be important to immediately order the trial record and begin to file appropriate notices of appeal intentions.
We believe it is best to have experienced sex crime attorneys handle sex crime cases, whether at trial or on appeal. Our attorneys are licensed in a limited number of states, but regularly partner with attorneys in local jurisdictions to bring a team approach to appeals where we are not independently licensed.
If you are convicted or a family member is convicted of a sex crime and your appeals window hasn’t closed, now is the time to call an experience sex crime appeal lawyer to talk about representation. Even if it’s the last day before that appeal is due, please call. There are ways to get extensions and you want to make sure that you are getting the best representation because this is your one and only shot at an appeal, after a sex crime conviction.
