Grounds for Criminal Appeal in USA – A Brief Discussion

by Linda L. Marketing Executive

If you are convicted of committing a criminal offense, you might think that everything has been lost. However, that not the case, there is still hope. Yes, you are convicted. But, that does not mean you are going to jail or walking the dead row. Well, you are not going there right now anyways. The fact is – there is a way to go about it. You have the right to appeal to the higher court. However, before going about it – you need to find experienced criminal appeals lawyers for consultation.  

As an individual, you have the right to ask the higher court to go through the case materials for a retrial. You would have to appeal that due to some legal mistakes, your verdict has been wrong and due to that reason, you deserve another chance at the trial. You can ask the judge to dismiss your previous verdict and order for another trial. There are times when the judge orders a retrial without anyone having to do anything. This means, you would not have to do anything to get the judge to order for the retrial. The motion gets going without your appeal. However, such cases are rare. Most of the times, the defendants have to make an appeal for the retrial.

The criminal appeals attorneys will tell you that you need to establish that the errors made during the trial are not harmless. If you are not familiar with the harmless error concept, you must know that these are errors are those which would not make any difference in the verdict.

So, you need to prove that during the trial, more than harmless errors have been made and that is the reason you deserve another trial. Now, this is the difficult task. You need to think of the ways to establish that you deserve another trial.

Your first task would be to find the right lawyer with skill of dealing with appeals. It is not easy to convince a judge that a verdict has been erroneous. This is like attacking the system. This is why – the lawyer you choose needs to be really skilled and experienced at the dealing with this type of cases.

So, the question is what are the grounds that permit you to appeal for a retrial? You need to be aware of these grounds even though your lawyer is going to deal with everything.

Plain Mistakes or Errors

This refers to the defects which usually affect the right of the defendants. Yes, this kind of defects can create several issues and can influence the verdict of a lawsuit. In case there are plain defects or errors which you can pin point, you can create a solid base for an appeal for another trial. There are different types of plain defects which can affect the verdict of a lawsuit.

Inadequate Evidence

The top appeals law firms will allow you to have a discussion with their lawyers to discuss the inadequate evidence. This kind of appeal requires careful planning and exceptional law skill as it is not easy to appeal on the ground of inadequate evidence. However, there are times when the weight of evidence gets miscalculated. You will have to carefully point out the errors to convince a judge that your case files need to be explored once again because the value of the evidence has been misjudged.

Inadequate Law Skill

Well, this is also a valid ground although you have to proceed carefully. To establish that your lawyer has been inadequate to handle your lawsuit is like accepting the fact that you cannot make the right selection. However, this is another ground which can pave the way for you to create an appeal.

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About Linda L. Freshman   Marketing Executive

6 connections, 0 recommendations, 26 honor points.
Joined APSense since, June 29th, 2017, From Kolkata, India.

Created on May 27th 2018 11:58. Viewed 379 times.


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