Appeals

If you are convicted and want to appeal your case; or if you plead after losing a Motion to Dismiss or Motion to Suppress that was denied, you must do so within 30 days of being sentenced.

You usually have no right to an appeal from a plea of guilty or nolo contendere if the sentence you received was a legal one. An appeal will only help you if the judge did not follow the law, or if you were prevented from properly exercising all your rights.

In an appeal, I must advise the Appellate Court exactly how the judge failed to follow the law or what rights you were denied before the Appellate Court will consider your appeal.

Supercedes Bond

If your case is appealed, the judge may allow your release on bail until a final decision appellate is reached; this is known as a supercedes bond.

The judge will only do this if he or she believes you have a good reason for appealing and believes you will re-appear in court; however, you do not have an automatic right to bail when appealing.

If you wish to appeal your case, you should discuss this matter with your attorney as soon as possible. In no event should you wait more than 30 days before contacting your attorney.