Being charged with a crime does not have to mean the end of the road for you in Ohio. Aside from various defenses you can use to fight the charges, or have them reduced, you are always open to appealing the ruling issued by the first court to hear your case. Here are the grounds for criminal appeals in Ohio.
For the most part, the grounds to reverse a lower court's ruling will need to be more than something known as a "harmless error." A harmless error is one that does not typically impact the result of the case when it is at trial. In order for a case to be appealed, the error must be substantial or material.
There are four main grounds in Ohio for a ruling from a lower court to be appealed. Those four grounds include the following:
- There was a serious error made by the lower court
- The verdict is not supported by the weight of the evidence that was presented
- The ruling was errant in the fact that the lower court abused its discretion
- The defendant claims his or her rights under the Sixth Amendment, which protects against ineffective counsel
When filing for an appeal on the ruling of a lower court, you will need to provide substantial evidence that supports one of the grounds mentioned earlier. With any legal matter, it is always a good idea to work with an experienced attorney to ensure your rights are protected each step of the way.
Dealing with a criminal charge in Ohio does not have to ruin your life. An experienced appeals attorney can help you plan the next step in defending yourself in the courts.
Source: FindLaw, "The Basis for a Criminal Appeal," accessed Sep. 01, 2017