Appealing a Connecticut Criminal Conviction

 Posted on May 17, 2022 in Criminal Defense

When a person is convicted of a crime, there may be grounds to have that conviction overturned. This can happen if there were errors made during the original trial and they are granted an appeal. If you have been convicted, contact a criminal defense attorney to find out if your case may be eligible for the appeal process.

Filing an Appeal

There are several ways a convicted person can appeal a court’s verdict. The defendant can file a motion to request the trial judge overturn the jury’s guilty verdict and enter a new verdict of not guilty. This is referred to as judgement notwithstanding the verdict (JNOV).

The defendant can also file a motion for a new trial. This motion requests the court declare the original trail a mistrial and to schedule a new trial.

A motion can also be filed, requesting a higher court review the case to determine if the original ruling should be reversed or upheld.

A defendant can also appeal the sentence they received. This action means that the defendant has accepted the court’s verdict, but they would like the higher court to review and possibly overturn the sentence because there was an error or otherwise the case was mishandled by the original court.

Appellate Court Review

When the original decision was made in circuit court, the defendant must bring any motion to review to the appellate court. A review does not mean the defendant will get a new trial. Instead, it means a panel of judges on the appellate court will review the case and decide one of the following actions:

• Remand: This will return the case back to the circuit court, requiring the court to correct previous actions. This may involve having a second trial.

• Affirm: This means the appellate court agrees and upholds the circuit court’s decision.

• Reverse: This means the appellate court disagrees with the circuit court decision and reverses it.

• Reverse and remand: This means the appellate court reverses the circuit’s court decision and returns the case in order for the circuit court to make the correction.

When Can a Defendant Appeal?

Not every defendant who is convicted can file for an appeal just because they do not agree with it. There has to be certain elements in order to qualify. These include:

• The evidence which was presented during the trial did not support the verdict.

• The judge overseeing the trial made a legal or factual error when making a ruling.

• The trail was unfair. The defendant must be able to cite specific ways this occurred.

The outcome of an appeal varies, depending on the circumstances of the case. Either the defendant could be acquitted, their sentence could be changed, or their conviction will remain exactly the same.

Contact a Fairfield County Defense Attorney

If you have been convicted of a crime and would like to find out if that conviction could qualify for an appeal, call Law Offices of Daniel P. Weiner at 203-348-5846 to schedule a free consultation with a skilled Stamford, CT appeals lawyer.

Source:

https://www.law.cornell.edu/wex/judgment_notwithstanding_the_verdict_(jnov)

https://jud.ct.gov/Publications/Handbook_Ap_proc.pdf