Appellate Law and the Right to an Appeal

If you have been arrested, charged, tried and convicted of a crime, you are not out of options.  The Constitution gives convicted defendants the right to an appeal, and if you feel that you’ve been wrongfully convicted, you need to make sure that you take advantage of these rights that have been afforded to you or your loved one.  There is only a certain amount of time to act, however, so if you are going to seek an appeal, you need to contact Attorney John Anthony Picerno immediately for a consultation.  Attorney Picerno has years of experience in helping convicted defendants with their appeals, but time is of the essence, so contact his office today.

Below are a few relevant statutes as they relate to appeal rights:

§ 547.010. Verdicts may be set aside, and new trials awarded on the application of the defendant. A new trial is a reexamination of the issue in the same court; the former verdict shall not be used or referred to on the subsequent trial, either in the evidence or argument.

§ 547.020. The court may grant a new trial for the following causes, or any of them (paraphrased):

1. When the jury receives otherwise inadmissible evidence;
2. Jury misconduct;
3. When a verdict is reached without a fair opinion from all the jurors;
4. When the court has misdirected the jury in a material matter of law;
5. When the verdict is contrary to the law or evidence.

§ 547.030. The motion for a new trial shall be in writing and must set forth in detail and with particularity, in separate numbered paragraphs, the specific grounds or causes therefore. Such motion shall be filed before judgment and within four days after the return of the verdict; provided, on application of defendant, the court may extend the time for filing such motion for a period of thirty days; provided further, the court shall have no power to make another or further extension of the time for filing said motion.

Other Considerations

New technology has allowed for many motions for new trials to be granted for such reasons as DNA evidence, computer technology and other reasons.  Generally speaking, you need to understand the following in relation to the statutes listed above:

1. You have little time to spare if you intend to appeal a conviction.
2. You have automatic rights to an appeal if you’ve been sentenced to death.
3. You need an experienced appellate attorney to handle your appeal.

Overall, a criminal conviction is not the “end of the road” in regards to your rights.  Wrongful convictions are overturned often, and the reasons for these decisions are nearly limitless.  If you feel you have been wrongfully convicted, contact Attorney John Anthony Picerno today for an immediate consultation.