Many Ohio residents convicted on criminal charges may not realize it, but it is possible certain errors took place while their criminal case was going through the legal system. When these errors do not have a substantial effect on the result at trial or affect the defendant’s substantial rights, they are known as harmless errors. However, when the error was not harmless, it could become the grounds for an appeal to an appellate court.
An appeal on the ground of a plain error taking place is a ground for appeal. A plain error is an error that affects the defendant’s substantial rights. It does not have to be brought up during the trial to be availed at a later time. However, it is also possible that an experienced attorney brought it to the court’s attention by raising an objection. One common example of a plain error is a miscalculation of a sentence. It is also possible to have a verdict or ruling overturned on the basis of a plain error.
Another ground for an appeal is if there was insufficient evidence. This is a difficult ground to prevail on, as appellate courts are not in the best position to assess the weight of evidence, given that they do hear not closing or opening arguments and view the presentation of evidence. They only have the transcripts in front of them. DNA evidence plays an important role in this scenario.
There can also be other grounds of appeal that someone convicted for committing drug crimes can avail and an experienced attorney can assess a situation and criminal case to determine what would be the best option for proceeding.