Understanding Criminal Appeals

Losing in court at the end of a criminal trial is not necessarily the end of the rope, so to speak. An experienced criminal appellate lawyer such as Mark W. Bennett can file a criminal appeal on your behalf in an effort to get the court to reverse or adjust its ruling.

If your conviction is reversed, you can get a new trial, or you might be acquitted of the charges against you. Taking advantage of the criminal appeals process affords the appellant a second chance in spite of the conviction or other ruling from the court. Having an experienced criminal appellate lawyer with skill and tact is of immense importance.

Making Your Criminal Appeal Count

The easiest way to get a court of appeal to reverse a conviction is to prove error in the trial. If the defendant had a decent defense lawyer during the trial, any errors made by the court and the judge should be preserved. If these errors aren’t preserved in the court record, the appellant and their criminal defense lawyer will face an uphill battle that they’ll likely lose.

Commons reasons for conviction reversals and sentence adjusts are due to improper sentence stacking, denial of rights during jury selection, and giving jurors incorrect or illegal instructions. A smart criminal defense attorney with a strong knowledge of the law and criminal procedure will have no trouble pointing out errors, and pursuing a corrective resolution to the matter.

Any good criminal defense trial and litigation lawyer needs to know their case-law. The best way to learn case-law is to dig into appeals and work to help individuals who have already been convicted. Make no mistake about it, the criminal justice system is not perfect as judges, jurors, and even criminal defense lawyers make mistakes that the individual charged will be forced to account for. Innocent people are convicted all the time in State & Federal courts around the nation. Even people facing extremely harsh penalties can benefit from the criminal appeals process. If the criminal justice system failed to carry out it’s duty, you’ll have recourse via the appellate process.

It’s important for defendants and their families to realize that a conviction isn’t the last straw, but other options to gain freedom or fair-treatment are available. A good appellate lawyer will want to hear your side of the story, but be advised that no new evidence can be presented via the appeals process. New evidence can only be presented in a new trial, granted that the appeals process was successful and the generating conviction was overturned.

The objective of the criminal appeals process and the courts of appeal are to correct misapplied laws and questionable actions by the court.