Just Because It Is Over, Doesn’t Mean It’s Over. Nearly Two-Thirds of Capital Murder Convictions are Overturned on Appeal. Frequently, Less-Serious Charges Suffer From Even Greater Mistakes. Even If We Didn’t Originally Handle Your Case, We Can Review the Record For a Path Forward.
Often times the trial or the plea can be just the beginning of a criminal case. If there were defects in the trial, or in the representation you received, you may be entitled to have your case reversed on appeal or for ineffective assistance of counsel. If you or a loved one have been convicted of a crime contact our Lexington criminal defense attorneys at Clark Law PLLC to figure out what to do next. We can listen to the facts and help you decide what is best for you.
Call us now at (859) 474-0001 or schedule a free phone appointment below.
Criminal Appeals in Kentucky
In the state of Kentucky, every person that goes to trial or enters a conditional guilty plea has a right to one appeal:
- If you were convicted in District Court, you have a right to appeal to the Circuit Court
- If you were convicted in Circuit Court, you have a right to appeal to the Court of Appeals
- If you were given a sentence greater than twenty years, you have a right to have your case reviewed by Kentucky Supreme Court.
- Once you exhaust your remedies in state court, you may have a right to review in federal courts, up to and including at the Supreme Court of the United States.
After your first appeal, you have the right to discretionary review at a higher court. While rare, this does sometimes happen and has changed the outcome of cases.
Additional options for those who have been convicted include petitioning the court for shock probation under KRS 439.265 and filing a claim under Rule of Criminal Procedure 11.42 for ineffective assistance of counsel, or Rule of Civil Procedure 60.02 for newly discovered evidence. Under extraordinary circumstances, you may be entitled to relief under a writ of habeas corpus.
Bradley D. Clark Receiving the 2017 Young Professional Alumni Award from UK College of Law Dean Brennen