What Are The Qualifications Of Appealing A Conviction?

Seitles & Litwin wants you to know that it’s important to be aware that an appeal of a conviction is not a retrial. An appeal is based in legal arguments, not in facts as such. It is an assertion that there were errors made during the trial and sentencing process that affected the outcome of a case. Attorneys file legal briefs with the court making an argument. The appeals process for federal convictions is very slow.

There are several grounds for filing a conviction appeal Miami. One is that there was improper admission of evidence or improper exclusion of evidence. Evidence resulting from in illegal search and seizure that was admitted during the trial would be an example, as would evidence for the defense that was improperly excluded from the trial.  False arrest is also grounds for a criminal appeal Miami.

There are several aspects of the trial itself that may be appealed. Misconduct by a member of the jury could have affected the outcome of the trial, and is grounds for a criminal appeal Miami. An example of juror misconduct would be a juror who discusses the trial with a reporter before a verdict is reached. If the jury was given incorrect instructions by the judge in the case, that too may have affected the outcome of the case, and is grounds for appeal.

Occasionally the conduct of attorneys in a case can be grounds for making an appeal. Ineffective assistance of counsel is one grounds. Misconduct on the part of the prosecution is another. An example of this would be the prosecutor not turning over “exculpatory” evidence to the defense, which is required by law. This means evidence that would result in the accused being found not guilty, and is an extremely serious matter.

For an appeal to be successful, it must show that the problem being argued was material to the outcome—that is, that the defect in the trial had an effect on the outcome of the case. 

Contact us today for a no-risk case evaluation or for more information about a criminal appeal.