Appeal a CDV Conviction
Overturning a Conviction in Lexington, South Carolina
If you have been convicted of criminal domestic violence (CDV), you have a right to appeal your conviction. At the Law Office of James R. Snell, Jr., LLC, our attorneys represent clients in appealing their recent CDV convictions. We understand what a devastating effect a conviction for domestic violence can have on your life, and are ready to fight to help you avoid the serious consequences you face.
You can hire our office for your appeal whether you represented yourself during your original proceeding or were represented by another attorney. If your CDV appeal is successful, it will result in either a dismissal of your conviction or an award of a new trial. Contact our Lexington domestic violence lawyer to appeal your conviction today!
Right to Appeal a CDV Conviction
All criminal domestic violence convictions in South Carolina can be appealed. Convictions that originate in a municipal court (city police), a magistrate court or a local CDV court are taken to the court of common pleas. Appeals from transfer court or general sessions are taken to the South Carolina Court of Appeals. You have a right to appeal your conviction after pleading guilty to CDV or after being found guilty after a bench or jury trial.
You must act immediately in order to appeal a conviction for criminal domestic violence, so it is important that you move quickly to enlist the help of a Lexington criminal defense attorney from our firm. The proper forms must be filed with the court and served on the prosecution within ten days of your conviction. If this time period passes you forever lose your right to appeal the conviction.
Appealing a Guilty Plea in Lexington, South Carolina
You have a right to appeal after pleading guilty to CDV. Although an appeal based solely on a defendant changing their mind about pleading guilty will not be successful in some cases there are grounds to appeal after a guilty plea. These may include failures of the court to advise you about the rights to an attorney and to a jury trial. Other issues may involve defendants who were unable to understand the court proceedings due to:
- Mental illness
- Special needs
After a Criminal Trial
You have a right to appeal after being convicted of CDV after a bench (judge only) or jury trial. The available grounds may include any errors of law committed by your trial court including allowing hearsay testimony, admitting evidence from illegal searches, or allowing unqualified expert testimony, such as a police officer's testimony regarding "freshness" of injuries.
If you have been convicted and believe that there may be a way to contest the case, contact us now for a free consultation. We serve clients in South Carolina, including those in Columbia. A Lexington criminal defense lawyer from our team can review the circumstances of your case to determine whether you have grounds to file an appeal, and we are ready to take immediate action on your behalf.
Call our office today to learn more.