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If you are convicted of a crime, it doesn’t necessarily mean the case is over. Depending on the circumstances, it may be possible to appeal the verdict. Since the proceedings for overturning a conviction are complicated—and every case is different—it’s wise to seek guidance from a criminal defense attorney before getting started. In the meantime, here’s a brief overview of the process. 

When Can You Request an Appeal?

In general, you may only appeal a final conviction following a judge or jury trial. In other words, convictions and sentences handed down as part of a plea agreement are not eligible. Furthermore, to be successful, you must prove that you have grounds on which to challenge the verdict. Perhaps the court made an error during the proceedings or your rights were violated at some point, for example. 

criminal defenseIn the state of Nebraska, defendants typically have 30 days from the date on which they were convicted to file a Notice of Appeal. This deadline is incredibly strict, and, for this reason, judges often ask defendants if they wish to file an appeal right after reading the verdict. 

How Do You File One?

To commence the proceedings, you will have to pay a small fee when filing the Notice of Appeal. You will also have to request a transcript of the trial. If you seek legal counsel from day one, though, your criminal defense attorney can handle all of this on your behalf. 

If your case does not challenge the constitutionality of a statute or involve the death penalty or a life sentence, it will be heard by the Nebraska Court of Appeals, which is comprised of six judges. Your lawyer will prepare a brief establishing your reason for appealing the conviction. How the case proceeds will depend on the judges’ response to this brief. They might reverse the verdict, reduce the sentence, order a new trial, or dismiss the request. 

 

If you want to appeal a conviction in Nebraska, turn to Reiman Law Firm in Lincoln. Led by Korey Reiman, a criminal defense specialist who has 14 years of experience in the field, this practice will aggressively fight for the rights of their clients. Those in Lancaster County can count on them whether facing misdemeanor or felony charges. To schedule your free consultation with a criminal defense lawyer, call (402) 477-2130 or reach out on their website

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