First off,…If convicted of a misdemeaner, can an appeal be made or are appeals for more serious crimes only?
Also,…suppose a judge imposes a jail (county, not prison) sentence for a misdemeaner crime - maybe between 3 and 10 days. Is it true that you can request that the sentance be carried out on weekends or ‘around’ your work schedule? Is this option at the complete discretion of the judge?
PS - I’m from Ohio if that matters.
Thanks!!!
There is always the right to appeal a criminal conviction.
In some jurisdictions, an appeal from a misdemeanor conviction is “of right” – that is, you don’t have to identify a particular error as the basis for the appeal. You are simply granted a new trial in a court of record.
In other jurisdictions, the appeal is substantive: you must identify the reason for the appeal. You cannot simply say, “I don’t like the way things turned out.” You must point to errors made by the trial court during the trial, errors that undermine confidence in the outcome of trial.
In general, judges have great latitude when it comes to sentencing. However, laws in the jurisdiction may limit that latitude, and the best thing to do with a specific case is consult an attorney licensed to practice in Ohio, which I am not. This post is intended merely as general conversation about general legal principles, and is not intended to apply any specific law to your set of facts.
You can tell he’s a lawyer, he’s got a disclaimer…