Criminal matters sometimes have to be appealed. This involves a very complex process that you have to comply with if you want a chance of success. While it’s possible to have your defense attorney do this, it might be necessary to have a new attorney working on this...
Year: 2022
What are the benefits of a successful clemency application?
In the United States of America, the President is afforded rights under the Constitution to grant clemency to people who have been convicted of crimes. Each State also has its own Constitution which affords the Governor the same right for other offenses. What the...
Why is appealing a RICO Act conviction so complex?
The Racketeer Influenced and Corrupt Organizations Act, or RICO for short, is a federal law enacted to criminalize organized crime and racketeering. It covers a wide range of crimes including wire fraud, drug trafficking, and extortion. It’s no exaggeration to say...
3 times a lawyer’s mistake can lead to a criminal appeal
When you face criminal charges, your defense attorney protects you against the allegations that could irrevocably alter the course of your life. They help you decide on the best strategy and present an effective case in criminal court. You have to trust in their...
3 things to know about appealing a federal narcotics conviction
Federal and state authorities have waged a war on illegal narcotics and other substances for several decades. While it is hard to say which side is winning, the consequences for federal drug convictions are harsher than ever before. Prison sentences for convictions at...
Can you withdraw a guilty plea in a criminal case?
Deciding how you’re going to handle criminal charges is a complex undertaking. If you’re a defendant, you have to have some measure of trust in your defense team. Many of these cases work through the criminal justice system without any issues, but there are some cases...
Can only part of a criminal case be the subject of an appeal?
Being convicted of a crime and realizing that the conviction was due to an error in the manner the law was applied is a difficult situation. The same is true if you realize that an error was made in the sentencing phase of the criminal matter. For people who went...
Reasonable suspicion: How it can help your appeal case
Reasonable suspicion is a legal standard of proof used in criminal cases. It is the justification that a police officer needs to make an investigative search, seizure, or stop. For instance, a police officer will need more than just a hunch or guess to stop you. ...
Could a juror’s lies give you a reason to file an appeal?
Your right to a fair trial by jury depends on having impartial jurors consider your case. A big part of the pretrial process for those facing criminal charges will involve selecting a jury. Your lawyer and the prosecutor can ask prospective jury members questions...
Was inadmissible evidence used against you?
You were charged with a serious criminal offense and the matter went before a jury trial. After both the prosecution and defense presented their arguments, the jury started their deliberations. It is up to the jury to decide upon the factual aspects of the case, while...