Salisbury Criminal Appeal Lawyer

How Do I File an Appeal in Maryland?

Andrew and Cynthia MacDonald represent clients for criminal appeals and post-conviction petitions. If you were convicted in the District Court of Maryland, you have the right to appeal that conviction within 30 days. Upon appeal, the district court case will move to the circuit court for a new trial, providing you with a clean slate.

If you are sentenced to jail time in the district court, you and your attorney can and should attempt to convince the district court judge to grant an appeal bond to secure your release pending the appeal.

Call MacDonald Law Office, LLC today at (410) 348-7809 or contact us online to schedule a meeting with one of our criminal appeal attorneys in Salisbury! 

Grounds for a Criminal Appeal in Maryland

The fact that you were convicted or are unhappy with the outcome of your trial is generally not sufficient grounds for an appeal. An appeal must be based on specific legal errors that occurred during the proceedings. Our Salisbury criminal appeals attorney team meticulously reviews trial records to identify these reversible errors.

Common grounds for a criminal appeal in Maryland include:

• Ineffective Assistance of Counsel (Sixth Amendment Violation): The Sixth Amendment to the U.S. Constitution guarantees every defendant the right to effective legal representation. If your trial attorney's performance fell below an objective standard of reasonableness and there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different, you may have grounds for appeal.
• Procedural Errors: Mistakes made by the trial court judge or other parties during the trial process that affected your rights or the fairness of the proceedings. Examples include:
• Improper Jury Instructions: The judge provided incorrect or misleading instructions to the jury, influencing their verdict.
• Improper Admission or Exclusion of Evidence: The court allowed evidence to be presented that should have been excluded (e.g., hearsay, illegally obtained evidence) or prevented evidence from being presented that should have been admitted.
• Judicial Bias or Misconduct: The judge demonstrated bias against the defendant or engaged in improper conduct.
• Prosecutorial Misconduct: The prosecutor engaged in unfair or illegal tactics (e.g., withholding exculpatory evidence, making improper arguments, suborning perjury).
• Insufficient Evidence to Support a Conviction: If, even viewing the evidence in the light most favorable to the prosecution, no rational trier of fact could have found all elements of the crime proven beyond a reasonable doubt, the conviction may be reversed. This argues that the prosecution failed to meet its burden of proof.
• Illegal Sentence: If the sentence imposed by the trial court was outside the statutory limits, based on incorrect legal premises, or involved a misapplication of sentencing guidelines.
• Plea was Involuntary or Unknowing: If a guilty plea was entered without full knowledge of its consequences, or if it was coerced. This is typically raised via an Application for Leave to Appeal or a post-conviction petition.

It is crucial to demonstrate not only that an error occurred, but also that the error was prejudicial, meaning it negatively impacted the outcome of your case. A Salisbury criminal appeals attorney will focus on identifying errors that rise to this level of prejudice.

The Criminal Appeals Process in Maryland: A Step-by-Step Overview

The appellate process in Maryland is a meticulous and time-sensitive journey. MacDonald Law Office, LLC guides clients through each phase.

1. Filing the Notice of Appeal (or Application for Leave to Appeal): This is the initial and most critical step. It must be filed within 30 days of the final judgment or sentencing in the court where the conviction occurred (Circuit Court for Circuit Court appeals; District Court for District Court appeals). Missing this deadline can permanently waive your right to appeal.
2. Ordering Transcripts: You must order a transcript of all relevant hearings and trial proceedings from the court reporter. The cost of transcripts is typically borne by the appellant.
3. Preparation of the Record: The trial court clerk will prepare the "record," which includes all documents filed in the case, docket entries, and the ordered transcripts. This record is then transmitted to the appellate court.
4. Briefing Schedule: Once the record is filed with the Appellate Court of Maryland, the court will issue a briefing schedule. Your Salisbury criminal appeals attorney will draft the appellant's brief. The State (the prosecution) then has an opportunity to file a response brief, arguing why the conviction should be upheld. You may file a reply brief to address arguments made in the State's brief.
5. Oral Argument (Optional): In many cases, the Appellate Court of Maryland may grant oral argument. This is an opportunity for your criminal appeals lawyer in Salisbury to present your case directly to a panel of judges and answer their questions about the legal issues. Not all cases are set for oral argument.
6. Decision by the Appellate Court: After reviewing the briefs and hearing oral arguments (if applicable), the Appellate Court of Maryland will issue a written opinion. The possible outcomes include:
   • Affirm: The conviction is upheld.
   • Reverse: The conviction is overturned.
   • Vacate and Remand: The conviction is overturned, and the case is sent back to the trial court for a new trial or other specific action consistent with the appellate court's ruling.
   • Modify: The conviction or sentence is changed.
7. Petition for Writ of Certiorari to the Supreme Court of Maryland (Optional): If you are unsuccessful at the Appellate Court of Maryland, your Salisbury criminal appeals attorney may advise you to seek discretionary review from the Supreme Court of Maryland by filing a "Petition for Writ of Certiorari." The Supreme Court only grants these petitions for cases involving significant legal issues or those of public importance.

Time Limit to File a Criminal Appeal in Maryland

If you are convicted in the circuit court, you have 30 days to file an appeal to the Court of Special Appeals. In addition, if you are convicted and serving a prison sentence, you may have the right to file a petition for post-conviction relief even if you were unsuccessful on your appeal or the time period for filing an appeal has expired.

Each stage of the legal process in Maryland has specific timeframes and regulations that must be followed. Failing to file within these limits typically results in the loss of the appeal opportunity, underscoring the need to act quickly. For those in Salisbury, enlisting the help of a local appeals lawyer familiar with Maryland's judicial intricacies can significantly enhance the chances of success.

Why Choose MacDonald Law Office, LLC for Your Criminal Appeal

Successfully appealing a criminal conviction requires specialized legal knowledge, meticulous attention to detail, and persuasive advocacy. The stakes are incredibly high, as your freedom, reputation, and future are on the line.

• Meticulous Record Review: We leave no stone unturned in examining your entire trial record—transcripts, motions, evidence, and jury instructions—to pinpoint every potential legal error.
• Exceptional Written and Oral Advocacy: Appellate practice relies heavily on well-reasoned and persuasively written briefs. Our Salisbury criminal appeals attorney team excels at crafting clear, concise, and compelling legal arguments that resonate with appellate judges. We are also prepared for rigorous oral arguments before the appellate courts.
• Comprehensive Approach: We handle appeals from both District Court to Circuit Court (de novo trials) and Circuit Court to the Appellate Court of Maryland. We also pursue post-conviction relief avenues such as petitions for post-conviction relief and writs of error coram nobis when appropriate.
• Experience in Salisbury Courts: Our local presence and experience within Salisbury and surrounding Maryland courts mean we are familiar with local practices and personnel, which can be beneficial in navigating the appeals process.

Do not give up hope after a conviction. An appeal may be your best path to justice. The time limits for filing an appeal are strict, so immediate action is crucial. Contact MacDonald Law Office, LLC today for a confidential consultation.