Legal Question in Criminal Law in Ohio

Re: Court of Appeals

The questions you ask would best be answered by the attorney who represented you at trial. Since I do not know the specifics of your case I can only answer generally. So generally..filing an appeal should not prohibit you from filing for judicial release or other post conviction relief unless the trial court allows you out on bond pending your appeal.

An appeal takes anywhere from 9 months to 2 years, depending on the issues, the court etc.

Success in an appeal can mean a number of things. The court of appeals may feel that an error was made at trial that would require that the conviction be set aside and the prosecutor would have to re-try the case. The Court could also decide that the error was such that the conviction should be overturned and the charges dropped. If there is a new trial it will be in the same court as the first one. The Judge is usually the same but you would have a different jury.

I hope this helps.

DHD

Re: Court of Appeals

1. Yes, you can still file for a Judicial Release while an Appeal is pending.

2. The Appeal must be drafted within 30 days and the Hearing is roughly 6-9 months thereafter.

3. If the Judge decides to sentence you to jail then he may not allow you free on bond while the Appeal process takes it's course. However, you may ask for an Appeal Bond while the Appeal is pending. It is up to the Judge to decide.

4. If you win the Appeal, then the Judge will probably place the same bond on you that he had before. This is because if your appeal is successful, then you are back to where you were prior to the trial.

5. The Prosecutor will decide to either Appeal the Appeals Court decision to a highter court or re-try the case.

If you still have questions, please call my office.