If you have been convicted of a crime in Oklahoma, you might feel uncertain about your next steps. One option you might consider is appealing your conviction. Read on for more on the process of appealing a criminal conviction in Oklahoma, explaining your rights, the necessary steps, and what you can expect during the appeal.

Understanding Your Right to Appeal

In Oklahoma, if you are a defendant in a criminal case, you have the right to appeal your conviction. This means you can ask a higher court, specifically the Oklahoma Court of Criminal Appeals, to review your case. The appeal is not a new trial, but a review of the procedures and the legal basis of your initial trial to ensure everything was conducted fairly and according to the law.

When Can You Appeal?

You can appeal any judgment against you as a defendant. This includes the final judgment or any intermediate orders made during the case. If you pleaded guilty, you must appeal through a petition for a writ of certiorari, a specific legal process that also goes to the Court of Criminal Appeals. Remember, petitions following a guilty plea must be filed within 90 days from your conviction date.

Steps to File an Appeal

Filing an appeal involves several specific procedures:

• Notice of Intent to Appeal: You must first file a notice stating your intent to appeal the conviction. Generally, notice is made within 10 days of the judgment and sentence. This step is crucial as it formally starts the appellate process.
• Preparation of Records and Transcripts. The trial court where your original case was heard will prepare and authenticate all relevant transcripts and records. This includes everything that was said and presented during your trial.
• Submitting the Appeal. Once the records are prepared, you submit them along with your appellate brief to the Court of Criminal Appeals. The appellate brief outlines your arguments for why the conviction should be overturned.
• Court of Criminal Appeals Review: The Court will review the submissions and may schedule oral arguments to hear more directly from your attorney and the prosecution.
• Decision: After reviewing the materials and hearing arguments, the Court will make a decision. This could be to uphold your conviction, overturn it, or send your case back to the lower court for further proceedings.

Scope of Review on Appeal

The scope of the Court’s review on an appeal can vary. Generally, the Court looks at whether legal errors were made that significantly affected the outcome of your trial. This includes reviewing the sufficiency of the evidence, the propriety of legal interpretations by the trial judge, and procedural issues.

Special Considerations

If your appeal involves a denial of a pretrial motion for immunity from prosecution, you must appeal within ten days after the denial. Appeals of this nature are given priority, and proceedings in the lower court are typically stayed (paused) until the appeal is resolved.

Practical Tips for a Successful Appeal

• Hire an Experienced Appellate Attorney: Appeals are complex and require a deep understanding of appellate procedures. An experienced attorney can make a significant difference in the outcome.
• Be Timely: Adhering to all deadlines is crucial in an appeal. Missing a deadline can result in the dismissal of your appeal.
• Be Prepared: Understand that an appeal is based on records from your initial trial. New evidence is generally not considered.
• Manage Expectations: While appealing a conviction can be a pathway to overturning a wrongful conviction, it’s a challenging process and not all appeals are successful.

Timelines and Procedures for Perfecting an Appeal

When you decide to appeal a criminal conviction in Oklahoma, it is essential to understand the timelines and procedures for perfecting your appeal. These rules ensure that your appeal is considered valid and can be reviewed by the Court of Criminal Appeals.

Timely Filing of an Appeal

For both misdemeanor and felony cases, you must perfect your appeal within ninety (90) days from the date the judgment and sentence were pronounced. This deadline is crucial as failing to meet it can result in the loss of your right to appeal.

Role of the Court Clerks

Once you have filed your notice of appeal, the clerk of the court from which the appeal is being made has specific duties to ensure the smooth transmission of records to the Court of Criminal Appeals. This ensures that the appellate court has all the necessary documents to review your case.

More Information From Our Claremore Attorneys Blog

Claremore Criminal Appeals Lawyer

Appealing a criminal conviction in Oklahoma is a process that requires careful attention to legal rules and timelines. Whether challenging the legal grounds of your conviction or procedural errors during your trial, an appeal provides you a critical opportunity to seek a fair outcome. By understanding your rights and the necessary steps, and by working with a criminal appeals at at Kania Law Office – Claremore you can face this process more confidently. Get a free consultation by calling (918) 379-4872 or online for a consultation.