How do I make an appeal on my conviction? 12 Answers as of May 27, 2014

I was convicted for shop lifting and was found guilty the first time and I would like to try again?

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Boehmer Law, LLC
Boehmer Law, LLC | Eric L. Boehmer
If you were found guilty in municipal court you would file a trial de novo in state court. If you were found guilty in a state court, you would have to make a motion for a new trial within ten days and then if the motion was not granted you could file an appeal with the appellate court. I recommend seeking an attorney for your options.
Answer Applies to: Missouri
Replied: 5/27/2014
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
File a notice of appeal in the trial court.
Answer Applies to: California
Replied: 5/21/2014
Ellis & Abouelsood | John Danelon
An appeal is simply a legal process which you just file with the appellate court for the area in which the superior court which convicted you sits. To be clear, however, an appeal is not simply a "re-do" as your question seems to imply, but rather you must show how and why the superior court incorrectly convicted you based on the evidence presented at that trial. If you cannot show some type of error, you likely do not have grounds, thus an appeal would not be granted.
Answer Applies to: California
Replied: 5/21/2014
Natty Shafer Law
Natty Shafer Law | Nathaniel Shafer
If you were found guilty in a Utah justice court, you have 30 days to appeal to the district court. If your first trial was in district court, then you will need to find a reason to appeal. Contact a lawyer with the specifics of your case.
Answer Applies to: Utah
Replied: 5/21/2014
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
You cannot try again, best to get a lawyer and help appeal the conviction.
Answer Applies to: Nebraska
Replied: 5/21/2014
    Law Office of Linda K. Frieder
    Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
    An alternative to am expensive appeal is an expungement. It is an affordable alternative.
    Answer Applies to: California
    Replied: 5/21/2014
    The Law Offices of Ben A. Cox PLLC | Ben A. Cox
    You have to go to the clerks office at the courthouse and tell them you wish to give notice of appeal. It has to be done within 10 calendar days of the date of your conviction.
    Answer Applies to: North Carolina
    Replied: 5/21/2014
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    You ordinarily have 30 day to file a notice of appeal. After filing the notice of appeal, you prepare an Appendix and legal brief including the arguments as to why your conviction should be overturned or vacated. You must comply with a complex series of procedural requirements governing appeals. It would be virtually impossible for you to handle this on your own without a lawyer. Further, you do not have the right to "try again" unless you can show that the Court in which you were convicted made errors of law or made fact findings that constitute an abuse of discretion. It will be very hard to overturn your conviction unless the trial judge made rather glaring errors. This is because shoplifting cases are considered relatively minor, and judges have great discretion concerning how they deal with them unless the judge made a whopper of a mistake and you can prove it, you are probably wasting your time. And unless you retain legal counsel, your appeal is unlikely to be perfected and briefed properly. If you want to challenge this conviction you will need to retain legal counsel.
    Answer Applies to: New York
    Replied: 5/21/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    File an appeal to District Court,
    Answer Applies to: Nevada
    Replied: 5/21/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Your retain the right appellate attorney.
    Answer Applies to: Georgia
    Replied: 5/21/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, explain your grounds and get an estimate. Appeals do not have a high probability of success.
    Answer Applies to: Michigan
    Replied: 5/21/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You won't be able to try it again unless you have some really good legally justifiable reasons for doing so. Whatever you do do not attempt this on your own. Appeals are very time consuming an extremely intricate. There are also strict deadlines so make sure you get on this right away or else you may waive your right to an appeal. Look for an experienced appellate attorney to review your case and decide what issues, if any, can be appealed.
    Answer Applies to: Michigan
    Replied: 5/21/2014
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