A common question among those accused of a crime is, “What do I do if I am convicted?” While no one desires to face this prospect, the good news is that a conviction does not automatically mean jail time, nor does it put you solely at the mercy of the judge who will determine your sentence. An experienced criminal defense attorney can employ a number of post-conviction strategies that may result in anything from reducing your sentence to having your conviction overturned.

THE FIRST STEP TO TAKE…

The first thing to do if you are convicted of a crime is to engage an attorney with special skills in post-trial appeals, motions and negotiations. While it is your right to do so, we highly discourage you from attempting to file appeals and motions on your own without legal assistance. The laws and court procedures are complex, and because most appeals can only be attempted once, you don’t want to jeopardize your liberty for lack of knowledge. So entrust these tasks to a knowledgeable attorney. If you feel your conviction was due to ineffective legal counsel, then hire new legal counsel. (This might even be an effective argument to vacate your conviction and initiate a new trial.) Whatever you do, don’t go it alone.

WHAT YOUR ATTORNEY CAN DO AFTER CONVICTION OCCURS

Your lawyer may advise a number of strategies beginning immediately upon conviction, and you may employ any or all of them. These include:

• Direct appeal. If you disagree with the jury decision, you have the right to file a direct appeal to the higher court for review. This is perhaps the most common post-conviction strategy, and it involves giving specific examples of errors or negligence during your trial that may have affected the outcome, or denied you your rights under law.
• Post-trial motions. Depending on the circumstances, your attorney may file a motion for a new trial, a motion to vacate or modify the sentence, or a petition for habeas corpus, any of which may reduce your penalties when argued effectively.
• Testimony from family and friends. During the sentencing phase, your attorney may elicit testimony from your family and friends, both in written statements and oral testimony during your sentencing hearing, vouching for your character. If your conviction cannot be overturned by legal avenues, testimony on your behalf can convince the judge to be lenient.

The sooner you involve an experienced defense lawyer when you are convicted, the better your chances of having your penalties reduced or your conviction overturned. For a consultation with one of our knowledgeable attorneys, contact the Federal Criminal Law Center today.