Grounds for Criminal Appeals
What are the grounds for appeal in a criminal case? Criminal defense attorneys from Strickland Webster, LLC, have all the details you need. Call us if you need help.
The onus is on the prosecution to prove its case beyond a reasonable doubt. Where the prosecution failed to fulfill this duty, and you are convicted, you can appeal your conviction on the grounds of insufficient evidence. This ground hinges on the absence of sufficient evidence to validate your conviction.
Ineffective Assistance of Counsel
Appealing based on inadequate and ineffective representation suggests violating your right to a fair trial and adequate representation. To succeed, you must demonstrate that your trial attorney’s ineffectiveness had a tangible impact on the trial’s outcome.
Prejudicial Legal Error
Legal errors can be a basis for successfully appealing a criminal conviction. Your defense attorney can challenge your trial’s final judgment where the judge erred. Instances of legal errors in trials include the following:
- Misinterpretation and misapplication of the law.
- Improper admission of evidence by the judge.
- Wrong instruction to the jury by the judge.
Your appeal lawyer in Atlanta, GA, must be able to show that this error was prejudicial to your trial outcome.
Judges sometimes commit sentencing errors by ignoring sentencing guidelines or rules. Such errors can form a basis for your criminal appeal. An instance of sentencing error is when a judge miscalculates sentences. In this case, the appellate court would remand your case to the trial court for legal sentencing.
Reversal of the Trial Court’s Judgment
An appellate court can reverse the lower court’s decision after your attorney convinces it that your conviction was made in error. The appellate court may order the trial court to:
- Modify its judgment
- Hold a new trial
- Reconsider the facts of the trial and take additional evidence
Strickland Webster, LLC Can Help You!
Time is of the essence for criminal appeals. Are you looking for an experienced state/federal appeals lawyer? Do you or your loved ones intend to appeal a conviction? Consider hiring a criminal defense attorney to represent you adequately.
At Strickland Webster, LLC, we have experienced criminal defense attorneys who can help you with viable grounds for your criminal appeal. Contact us today to book a free consultation.