3 Ways A Criminal Appeals Lawyer May Be Able To Help You Appeal Your Conviction
Posted on: 24 March 2016
One of the great things about being an American is that we have the best legal system in the world. It isn't perfect, however, and when it fails there are safeguards to help make things right again. One of those safeguards is the appeals process. If you have a conviction on your record you do not feel is just, even if you are out of jail or never served any time, there may be options available to you to have that conviction overturned. Here are three scenarios in which a criminal appeals lawyer may help you successfully appeal a conviction:
An Appellate Lawyer Will Review Court Transcripts for Objections During Court Proceedings
If you want to appeal your case, one of the things your lawyer will due is request certified transcripts of your trial or other court proceedings. Any objection made during the trial can be the basis for an appeal. Objections to evidence that's allowed, witnesses that are allowed to testify, or a line of question by the prosecution, could all be the foundation of sound legal arguments as to why your trial was unfair. Without such objections on the record, it will be really difficult to file a successful appeal.
An Appellate Lawyer May Also Look for Evidence Your Former Lawyer Was Incompetent in Defending You
While it may be difficult to build a successful appeals case with solid objections during trial, that doesn't mean there is no hope. In fact, a lack of objections may indicate that your original defense lawyer wasn't defending you rigorously enough. In many cases, a good appeals lawyer will look for and find evidence of incompetent representation by an original defense lawyer, which can be grounds for an appeal or getting a new trial. Using witnesses and transcripts to determine if obvious objections should have been made that weren't, as well as looking for other legal blunders, may help your lawyer find enough grounds for legal malpractice.
An Appellate Lawyer May Be Able to Help You Find or Present New Evidence
Aside from finding sound objections in your case that were overlooked by your judge or finding that malpractice resulted in a poor legal result, your appellate lawyer may be able to find and present new evidence. This is usually done by reviewing a case and determining if anything was overlooked, including finding important witnesses that were never asked questions or to testify. Having a fresh pair of legal eyes on your case can help bring new details to light, especially if there is reason to believe you weren't properly represented in your first trial.
Although the appeals process is very challenging, an experience lawyer can help you determine if you have a solid chance of overturning your conviction. If you are innocent, it's worth trying to get wrongful verdicts overturned because of how they can impact your life in a negative way. Contact offices like Sam Douglas Young Attorney at Law for more legal advice.
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