When a jury finds someone guilty, that verdict can be devastating. However, in some cases you may be able to appeal a conviction. What issues could create the foundation for a successful appeal?
1. Someone made legal errors during the trial.
One common reason for an appeal is legal mistakes. Mistakes could be things like the judge not applying the law correctly, giving the jury wrong instructions or letting in evidence that the court should not have allowed. If these mistakes significantly changed the trial’s result, they could lead to a successful appeal.
2. Someone did not follow the correct procedures.
Procedural errors in the investigation or trial process can significantly impact the outcome of a trial. These might include collecting evidence without a warrant, mishandling motions before the trial, not following legal procedures or big departures from usual court practices.
3. Your defense attorney did not represent you adequately.
You have the right to good legal representation. If you appeal because your lawyer did not provide you with an adequate defense, you have to show that the lawyer’s poor performance directly affected the trial’s outcome.
4. There is new evidence.
Sometimes, new evidence might come up after a conviction that could change the outcome if it had been available during the trial. If this new evidence is strong was not available during the original trial due to reasons outside of your control, it might be a good reason for an appeal.
The ability to appeal a conviction can help fix mistakes that could lead to unfair outcomes. While a conviction can seem like the end, an appeal can provide you with a second chance at justice.