Post-Trial Support and Appeals: Your Road to Justice After a Conviction

Post-trial support and appeals

Imagine you’ve run a marathon, exhausted and battered, only to find out the finish line has moved. For many people convicted in a criminal trial, the verdict feels like the end of the road. In reality, it can be the beginning of a new phase—a critical period when post-trial support and appeals can make all the difference between despair and hope.

At The Law Office of Joel Chorny in Tucson, we believe that justice doesn’t stop at the verdict. If you or a loved one has been convicted, understanding your options for post-trial support and appeals can open doors to second chances, reduced sentences, or even freedom.

The Importance of Post-Trial Support

The justice system is designed to be fair, but mistakes happen. Judges can make errors, evidence can be mishandled, and sometimes new facts come to light after a trial. According to the National Registry of Exonerations, more than 3,000 people in the United States have been exonerated since 1989, many through appeals or post-trial motions. This shows that the legal process doesn’t always get it right the first time.

Post-trial support is like having a skilled guide help you navigate a maze. It involves reviewing the trial for mistakes, gathering new evidence, and supporting clients as they adjust to life after a conviction. For some, it means fighting for an appeal; for others, it means seeking a reduced sentence or expungement.

How Appeals Work: Giving Justice a Second Look

An appeal is not a new trial. Instead, it’s a formal request for a higher court to review what happened in the courtroom. Think of it as asking a teacher to re-grade your test because you believe there was a mistake in marking. In Arizona, you generally have 30 days after sentencing to file a notice of appeal. Missing this deadline can eliminate your chance for review, so acting quickly is crucial.

The appeals process starts with your attorney gathering the trial record—transcripts, motions, evidence, and rulings. The attorney then writes a detailed brief, explaining why the conviction or sentence should be overturned. This argument might focus on legal errors, like a judge allowing improper evidence, or on constitutional violations, such as a denial of your right to a fair trial.

In some cases, the appellate court will schedule oral arguments, where attorneys answer judges’ questions and clarify their positions. The judges then issue a written decision, which can affirm the conviction, reverse it, or send the case back for a new trial or sentencing.

What Can Be Appealed?

Not every disappointment at trial is grounds for appeal. Appeals are based on specific legal errors that affected the outcome. For example, if the judge gave the jury confusing instructions, allowed evidence that should have been excluded, or if your attorney failed to call a key witness, these could be valid reasons for appeal.

Sometimes, new evidence comes to light after the trial, such as DNA results or a witness recanting their testimony. In these situations, your attorney can file a motion for a new trial or seek post-conviction relief. In Arizona, these motions must usually be filed within two years of sentencing, but exceptions exist for newly discovered evidence.

The Role of Post-Trial Support

Winning an appeal or post-trial motion is only part of the story. The aftermath of a conviction can be overwhelming—emotionally, financially, and practically. Post-trial support includes helping clients understand their rights, navigate probation or parole, and access resources for housing, employment, or counseling.

Attorneys also help with sentence modifications. For example, if you’ve shown rehabilitation by completing treatment programs or maintaining steady employment, your lawyer can ask the court to reduce your sentence or grant early release. In some cases, expungement may be possible, clearing your record and restoring your rights.

Case Study: Turning a Wrongful Conviction Around

Consider the story of David, a Tucson resident convicted of burglary. At trial, the prosecution relied heavily on a single eyewitness who identified David from a photo lineup. After the conviction, David’s family contacted The Law Office of Joel Chorny for help.

The attorney began by reviewing the trial transcripts and noticed that the judge had allowed the jury to hear about David’s unrelated prior arrest, which should have been excluded. Further investigation revealed that the eyewitness had poor eyesight and was under stress during the crime.

David’s attorney filed an appeal, arguing that the judge’s error and the unreliable identification had tainted the verdict. He also located a new witness who placed David miles away from the scene. The appellate court agreed that the trial had been unfair and ordered a new trial. With the new evidence, prosecutors dropped the charges, and David was released after serving 14 months for a crime he didn’t commit.

This case shows how post-trial advocacy can correct mistakes and restore justice, even when hope seems lost.

The Emotional and Practical Side of Appeals

Appeals and post-trial motions are not just legal processes—they are emotional journeys. Clients and families often feel frustrated, anxious, or hopeless after a conviction. Attorneys play a crucial role in providing reassurance, explaining each step, and setting realistic expectations.

It’s important to understand that appeals can take months or even years. Success is never guaranteed, but having an experienced attorney who knows the local courts, judges, and procedures increases your chances. In Arizona, about 1 in 10 criminal appeals result in a change to the verdict or sentence, according to the U.S. Courts’ 2024 report.

Frequently Asked Questions

  1. How soon should I contact an attorney after a conviction?
    Immediately. The window for filing appeals or post-trial motions is short, usually 30 days. Early action gives your attorney time to review records and identify errors.
  2. What are the chances of winning an appeal?
    Success rates vary. Nationally, about 9% of federal criminal appeals result in reversals or sentence reductions. The odds improve if there are clear legal errors or new evidence.
  3. Can I stay out of jail while my appeal is pending?
    Sometimes. Judges may grant bail if your appeal raises substantial questions, but it depends on the case and the charges.
  4. What if I find new evidence after my conviction?
    You may be able to file a motion for a new trial or post-conviction relief. Arizona allows such motions within two years of sentencing, or later if the evidence was truly undiscoverable before.
  5. Can I clear my record after a conviction?
    In some cases, yes. Arizona law allows for expungement or set-aside of certain convictions, especially for non-violent offenses, after you complete your sentence.