If you have been convicted of a crime in Oklahoma, you may be able to appeal your conviction, which means asking a higher court to review your case for errors that may have affected the outcome. The criminal appeals process in Oklahoma offers a crucial avenue for seeking justice when the trial court may have made errors. Here are some tips from an Oklahoma city lawyer on how to navigate the appeals process in Oklahoma.
Navigating Criminal Appeals in Oklahoma: A Guide for Defendants from an Oklahoma City Lawyer
Grounds for Appeal in Oklahoma
Final Judgments
In Oklahoma, a final judgment is entered against a defendant following a conviction, such as the sentence imposed. You have an automatic right to appeal a final judgment.
Intermediate Orders
Decisions made by the trial court during the case’s progress. This could include rulings on the admissibility of evidence, motions to suppress, or other legal matters that arise before the final verdict.
Appeals After Guilty Pleas
While defendants generally waive some appeal rights by pleading guilty, Oklahoma allows appeals via a Writ of Mandamus. To be successful, you must prove you have a clear right to relief, the court failed in a clear legal duty, and no other adequate remedies exist.
Unconstitutional Statutes.
If the district court rules a state law unconstitutional, an appeal may be taken.
State or Municipality Appeals
The State of Oklahoma or a municipality can appeal in specific situations, such as adverse rulings on pre-trial motions.
Juvenile Offender Cases
Appeals relating to the adjudication and disposition of juvenile offenders have specific procedures.
Post-Conviction Applications
Appeals may be filed for denial of petitions for post-conviction relief where new evidence or constitutional violations are alleged.
Expungement Applications
The denial of requests to expunge criminal records can be appealed.
Prisoner Petitions
Orders regarding prisoners’ petitions for judicial review may be appealed.
Habeas Corpus Applications
Denial of a writ of habeas corpus or the setting of excessive bail pending appeal can be grounds for appeal.
Writs of Prohibition
These writs can challenge a lower court’s jurisdiction or authority. Denials of such writs are appealable.
The Notice of Appeal
The appeals process starts with a timely Notice of Appeal. This is a formal document notifying the trial court and relevant parties of your intention to appeal. Strict deadlines apply in Oklahoma, usually within a short time after sentencing. The general timeframe for filing a Notice of Appeal in Oklahoma is 10 days after the judgment and sentence are entered.
Additionally, within the same 10-day window, a certified copy of that Notice of Appeal with a designation of record must be filed with the Clerk of the Court of Criminal Appeals. It’s crucial to meet this strict deadline, as failing to do so could result in losing your right to appeal. However, there can be exceptions and complexities in calculating deadlines. Consult an experienced criminal appellate attorney to ensure you’re in compliance with deadlines and have properly drafted your Notice of Appeal.
The Appellate Brief
The heart of your appeal is the appellate brief. This is a carefully crafted legal document that presents your arguments to the higher court, and your appellate attorney will analyze the trial records in detail to identify potential errors and construct your brief. The appellate brief generally includes five sections.
First, there’s a statement of the case with a concise overview of the facts, the procedural history of your case, and the outcome of the trial. Second will be a statement of the facts: the relevant facts of your case are outlined, with emphasis on those supporting your arguments for appeal.
Next, the appellate brief will clearly state the issues with the case, outlining the specific errors or questions of law you are asking the appellate court to review. The legal arguments for the appeal are presented next. The brief will cite relevant statutes, case law, and legal principles to support your position that the trial court committed an error warranting reversal or modification of your conviction.
The Appellate Court’s Decision
After your brief is submitted, the appellate court will carefully review the case records and your arguments. The appellate court does not hold a new trial. Their role is to analyze the trial record for errors that could warrant the overturning of your conviction or a change in your sentence. In some cases, the appellate court may schedule oral arguments. This is an opportunity for your appellate attorney to present your arguments directly to the judges and answer any questions they may have.
The appellate court has several options after reviewing your case. If the court finds no reversible errors, they will affirm your conviction and sentence. If the court agrees with your arguments and finds significant errors, they may reverse your conviction. This could result in a new trial or outright dismissal of the charges against you. In some cases, the appellate court might find errors but determine that they don’t warrant a full reversal. They might choose to modify your sentence. Another possible outcome is that the appellate court may send your case back to the trial court for further proceedings, particularly if they need clarification of specific issues or rulings.
Post-Conviction Relief
If your direct appeal is unsuccessful, you may still have options under Oklahoma’s Post-Conviction Procedure Act. This mechanism provides avenues for raising claims that might not be suitable for a direct appeal. For example, if your constitutional rights were violated during your arrest, investigation, trial, or sentencing, you might be able to raise those claims in a post-conviction petition.
Post-conviction relief might also be available if new evidence is discovered that strongly suggests your innocence. There may be other grounds for post-conviction relief specific to your individual circumstances. An experienced attorney can advise you on your options.
Frequently Asked Questions about Criminal Appeals in Oklahoma
How Long Does the Appeals Process Take?
The length of an appeal can vary depending on the complexity of the case and the appellate court’s workload. However, it generally takes several months to a year or longer to reach a decision.
Do I Have to Stay in Jail?
In some cases, you may be able to request bail pending appeal. Your attorney can advise you on your eligibility for bail and assist with the application process.
What Are the Chances of Winning?
The odds of success on appeal vary widely depending on the strength of your case and the specific grounds for appeal. An experienced appellate attorney can provide an honest assessment of your chances.
If you’re looking for expert legal guidance to navigate the appeals process in Oklahoma, contact Cannon & Associates. Our experienced appellate attorneys will analyze your case for potential errors and craft compelling arguments based on our findings. We will also handle the complex procedural rules, ensuring your appeal is filed within the deadlines and in the right way.