Most people wrongly equate an appeal to a fresh trial, given the possibility of a different verdict. However, appealing a verdict is nothing like a retrial. First, an appeal comes after a trial court or jury has already made its decision. Therefore, the legal...
Year: 2022
When can you appeal a sentence for being too harsh?
Most people go to criminal appeals courts to appeal a conviction for a crime. An appeal can’t be made just because someone didn’t like the verdict. They must be able to show that the trial court made one or more serious errors that negatively affected the outcome of...
How can exculpatory evidence be used in your appeal
The official meaning of exculpatory evidence is “to exonerate someone of a crime or clear them of wrongdoing or blame.” If you plan to appeal a conviction, exculpatory evidence may be beneficial and help with your defense. It is often referred to as “Brady material”...
Who can see your criminal record after an expungement?
If you go to court to ask for an expungement and have it granted, you’ll be able to seal off your record from prying eyes. However, that doesn’t mean that your history totally disappears. While you will be able to block your history from the public, other entities...
Appealing your securities fraud conviction
If you have been convicted of securities fraud, you may feel a sense of dread and uncertainty about your future. You may wonder what this conviction means for your job, finances, and reputation. You aren't alone. Many people find themselves in this situation after...
Can you appeal a conviction if your attorney failed you?
While your attorney will do their best to fight the charges you face, there is no guarantee they will succeed. You might be angry at them if you did not win, but that alone is not sufficient grounds to appeal. You may, however, be able to appeal your case if you can...
Dissecting the criminal appeals process
Going to court is often a scary and overwhelming process. While you hope for the best, this may not be the outcome achieved. While an unfavorable verdict may be disappointing, it doesn’t mean you don’t have options. At this point, you can appeal the decision....
What is a writ of habeas corpus and can it help you?
You may have been wrongly convicted of a crime, and the appeal process has been terribly slow -- or simply inadequate to right the wrongs you’ve encountered. While incarcerated, you may feel utterly powerless. You can, however, ask for help by filing a document called...
Points to know before appealing a federal felony conviction
After a felony conviction on charges involving racketeering or drug trafficking, most defendants begin planning to appeal immediately. You have the right to appeal a court decision if your trial involved legal errors, jury misconduct or ineffective defense...
Did a conflict of interest involving the judge affect your trial?
Judges are supposed to be impartial scholars of the law who interpret existing statutes and prior court precedent to decide what is fair and reasonable. Federal judges have the authority to send someone to federal prison or exonerate them based on their interpretation...