Post Trial Motions and Appeals

I lost at trial, but some of the things that happened at trial were wrong. I want to appeal, but my law tells me that I have ten days to as the judge to correct anything that happened during the trial or sentencing that was wrong. My lawyer said it is called a post trial motion. Why would I file that instead on an appeal? This judge hates me, there is no chance of me winning and I just want to move forward to the appeal.

Some issues must be preserved in post sentence motions in order for you to be allowed to appeal. If you do not complain about the matter in the post sentence motion, when you file an appela the court will rule that the issue has been waived. When we are retained for appeals, we often see that many lawyers do not properly preserve the issues at post trial motions for appeals.

Additionally, even though you think the judge hates, the judge does not want to be overturned on appeal. If you write something in your post trial motion that causes the judge to think that they made a mistake, a judge will consider reversing themselves.

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What is a Redaction?

I would like to get a redaction; can you explain a redaction to me?

If at the time of your arrest you were charged with multiple crimes, but were only convicted of some of those crimes, you can ask the court to expunge those crimes for which you were not convicted, but leave the crimes for which you were convicted on your record. This is called a redaction.

For example, you are arrested for Aggravated Assault F1, Simple Assault M2, and Disorderly Conduct S. You were only convicted of the Disorderly Conduct summary offense, and the conviction happened nine months ago. When you go to apply for a job the felony and misdemeanor keep popping up even though you were not convicted of those crimes.

With a redaction, we have the Assault charges expunged from your record while leaving the summary offense on your record.

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