Our criminal courts are imperfect, and sometimes legal errors or misconduct lead to a miscarriage of justice. As a result, innocent citizens are wrongfully convicted.
The Oklahoma appeals process allows defendants to appeal their convictions by asking an appellate court to review the trial court’s decision.
The appeals process is not only for those convicted of violating Oklahoma law. Even those convicted of federal offenses in the United States District Court in Oklahoma are entitled to appeal their conviction in United States Court of Appeals for the Tenth Circuit.
All appeals, however, must be handled skillfully and in a timely fashion which typically requires the assistance of a skillful appellate attorney to present your case.
This article explains when you should appeal your case in Oklahoma.
When to Appeal Your Case in Oklahoma
All citizens convicted of a crime in Oklahoma have a statutory right to an appeal, and it is advisable to appeal your case whenever you are convicted of a crime, regardless of the nature or circumstances of your conviction.
An appeal must be made on the basis that a legal or procedural error or some misconduct occurred during your trial, which resulted in you being wrongfully convicted.
The most common grounds upon which an appeal may be made in the Oklahoma appeals process are:
- Legal error or procedural error
- Jury misconduct
- Prosecutorial misconduct
- Ineffective assistance of counsel
- New evidence
The appellate court will find some errors to be harmless and to have had no bearing on the result of your case. However, any error which can be shown to have violated your right to a fair trial may result in the appellate court:
- reversing or modifying the trial court’s decision or sentence, in whole or in part; or
- ordering the case to be retried.
Confidential Consultation: Tulsa Oklahoma Appellate Lawyer
The Oklahoma appeals process is complex, and filing an appeal on inadequate grounds or failing to meet the filing deadlines will result in the dismissal of your appeal. So to ensure your chances of success, you need the assistance of an Oklahoma appeals lawyer who knows how to make the system work for you.
Wirth Law Office – Tulsa can advise you how the appeals process works and offer answers to your specific questions. To begin your free consultation, call 918-256-3400 today.
Or, if you prefer a Tulsa appellate lawyer on our team to call you or reach you by email, click here to ask your questions via the online consultation request form.