The Appeal Ordeal ~ Potential Trial Errors You Need To Be Aware Of
Do you have a criminal conviction? If so, you likely have several concerns, and you may feel as though your case was handled improperly. You may want to appeal your case, but perhaps you have doubts or do not know how to initiate the appeals process. Some people have been successfully granted appeals by proving that there were errors in their cases. The following are types of reversible errors that may qualify you for an appeal in your case.
Judge Related
If a judge denied evidence to be used in a court proceeding that should have been allowed, the error could be reversible. Evidence that is allowed by a judge that contradicts the rules of evidence is another example of a reversible error. Judges are required by law to declare a mistrial when appropriate, and if a judge does not follow through with the ruling, an appeals court may reverse the conviction.
Jury Related
Jury selection requires jurors to submit to a series of questions, and people who may have bias are dismissed from cases where a potential conflict could occur. If it is discovered that a jury member had prejudicial favor or personal interests in a case, the error in choosing that juror can be reversed. Another example would be jury tampering, which involves a jury member or members being promised something or threatened to vote a certain way. Verdicts reached by jurors who do not follow judges' instructions may also be viewed as erroneous. For example, in a high-profile case, a judge might instruct jurors not to watch television or listen to the radio because of opinions that could influence their decisions.
Attorney Related
If a prosecutor knowingly withholds evidence that could have proven an accused person's innocence, the actions might be viewed as erroneous. Relentless prosecution is another example, especially if it results in the conviction of an innocent person. For example, continuing to seek and win a conviction when the defendant's DNA was not found at a rape crime scene, and at a later date, a discovery that a serial rapist is a positive match for DNA that was present at the scene.
A criminal attorney is the best resource to use for guidance through the appeals process. They can locate specific errors and present them to the court pointing out the legal flaws as well as any potential biases that might have contributed to your conviction. Sometimes defendants win their appeals, but their cases get retried. In other cases, prosecutors may decide not to pursue the case again. This is why it is important to be represented by a criminal attorney who can advise you of any potential risks you might face in the future.
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