If you have been found guilty after trial or feel that you have been unlawfully sentenced you may be able to file an Appeal with a higher court. Appeals are time sensitive. An appeal must be filed within 30 days of sentencing. Some common issues on appeal include:
- Sufficiency of the evidence (ie. there was insufficient evidence to find you guilty);
- Improper jury selection;
- Erroneous jury instructions;
- An unlawful or illegal sentence.
Besides filing an Appeal, an individual convicted for a crime may be able to pursue Post Conviction Relief. Such relief includes:
Motion to Correct, Reduce or Modify your Sentence
A request to reduce or modify sentencing must be filed within 60 days of sentencing, or within 60 days of the court’s receipt of a mandate from your direct appeal. A request to correct an illegal sentence may be filed at any time if it is apparent on the face of the court record that you are entitled to have your sentence corrected.
Motion to Vacate a Judgment and Sentence
This motion must be filed within 2 years after the judgment and sentence become final in a non capital case ( a case not involving the death penalty) or within 1 year if the case is a capital case where the death penalty was imposed. There are certain limited exceptions to the time limitations for filing. If, for example, you have proof that the grounds for the Motion were not known by you or your attorney and could not have been known, even with the exercise of due diligence, the court may allow for a late filing. Furthermore, a motion to set aside a sentence that exceeds the limits provided by law may be filed at any time.
Even if the time for filing has expired, in certain situations, if good cause is shown, you may still be able to pursue post judgment remedies.
Contact us immediately if you have been found guilty or have entered a plea and believe that your case should be reviewed.