What to know about appealing a criminal conviction

| May 3, 2021 | Criminal Defense |

If you’re convicted of a crime in a South Carolina court, you are generally allowed to appeal the decision. In the event that a serious error is made during trial, it may be the basis for your appeal. This may be true even if the error was not brought to a judge’s attention while the case was being heard.

What is a plain error?

A plain error is one that impacts your rights as a defendant in a significant way. These errors may convince an appellate court to invalidate rulings made by the trial court, and in some cases, they may be serious enough to overturn your conviction. An appeal based on a plain error could also have an impact on how time you spend in jail or prison after you’re found guilty of a given charge.

Make sure to file your appeal in a timely manner

Regardless of why you’re appealing your conviction, it’s important to do so as quickly as possible after a verdict has been reached in your case. Typically, the first step in the criminal appeals process is to notify the court of your intent to challenge the verdict. Your attorney will likely file the necessary paperwork on your behalf, and this generally needs to be done no more than 10 days after a decision is reached in your matter.

If you believe that an error deprived you of your right to a fair trial, it may be in your best interest to challenge the result of that trial. An attorney may be able to file appeal documents and take other steps to obtain a favorable decision from an appellate court.