Many people believe that when they are sentenced that is the end of their case and
there is nothing they can do about it. In many instances, sentencing does
represent the end of the case. However, in some situations, you may be able to
file an appeal for sentence reduction.

Reasons to File an Appeal

A person can generally appeal a final decision in a case, including a criminal
defendant who believes that the sentence he or she received was too harsh or
otherwise unfair. A defendant can ask for the court of appeals to review a
conviction if he or she questions whether the trial was fair and if the verdict
was correct.

There are a variety of reasons why a person may request an appeal, including:

• The court did not have jurisdiction of the
  case
• There was a procedural error
• A clerical error was made
• An arithmetical or technical error was made
• The sentence failed to follow the applicable
  sentencing range
• The sentence is ambiguous
• They believe there was a target of malicious
  prosecution
• A new law is passed that provides a better
  outcome and you want the court to apply it retroactively
• The punishment was too harsh

An appeal is not the same thing as a new trial. Instead, it asks a higher court to
simply review the record of the lower court. The defendant cannot introduce new
evidence. However, an appeal might raise arguments that justify a reduction in
a sentence or even the overturning of a conviction.

Process of Filing an Appeal

To take advantage of the appellate process, you must file an appeal within the
applicable time limit and in conformance with strict procedural rules. In many
states, a notice of appeal in a felony case must be filed within 30 days of
your sentencing date. If you fail to raise grounds in your appeal, you may not
be able to later raise these arguments, so it is vital that you work with a
legal professional who can ensure that you present the strongest legal
arguments. You do not have to use the same lawyer as you used during your
trial.

State law or federal law determines when you must submit the actual appeal. The
appeal must follow certain technicalities. Additionally, the record of the case
in the lower court must be prepared by the court reporter. Your lawyer can
prepare a brief that sets out the mistakes that were made and why the sentence
should be reduced. This brief is the primary form that will explain to the
appellate court why the sentence is not fair.

In many states and in federal courts, the judge loses the power to modify the
sentence shortly after sentencing. Depending on the reasons for the sentence
reduction and the jurisdiction, the appeal or motion for sentence reduction may
need to be filed with the appellate court.

If you are interested in learning about your options for reducing your sentence, visit http://www.nlpa.com. The National Legal Professional Association can help. Our legal professionals can discuss the possibility of having your sentence reduced or other ways of achieving your goals, such as fighting for a new trial, filing a post-conviction petition, or seeking a compassionate modification of a federal sentence.

Hugh Wesley
www.nlpa.com