Legal Question in Criminal Law in Maryland

right to appeal

A person was convicted for a crime and later sentenced. He claims he was not advised of his right to appeal. Would that be sufficient to give him a basis for a new trial? Essentially is this failure to advise of his appeal rights a denial of due process?

And would that be sufficient to set aside a deportation order for the commission of an aggravated felony?


Asked on 7/10/03, 9:13 am

1 Answer from Attorneys
David Lease Smith, Lease & Goldstein, LLC

Re: right to appeal

Assuming the defendant went to trial rather than entered a guilty plea and was not advised of his right to appeal either before or after sentencing, he may bring a post conviction proceeding seeking the ability to file a belated appeal. Thus, if there was some error in the defendant's trial, that error could be addressed on appeal. If successful on appeal, and depending on the error, a new trial could be ordered or the conviction could be overturned. If the defendant was successful on the appeal and at any new trial, the deportation order based on this conviction could be set aside.

Read more
Answered on 7/10/03, 10:03 am


Related Questions & Answers

More Criminal Law questions and answers in Maryland