Criminal appeals are an important part of the legal system. They provide an option for people convicted of a crime to have their trial and the legal process reviewed. However, several common misconceptions surrounding this area of law can affect both public...
Year: 2023
3 things to know about federal criminal appeals
Facing criminal charges in the federal court system is complex. Defendants must understand their rights and options at each stage of the process. For some individuals, a conviction and sentence come as a shock. In some cases, there are points in the case that may...
Could a judge’s undisclosed bias lead to a New Mexico appeal?
Someone who defends against criminal charges at trial usually expects a fair criminal process. They need a judge and jury to consider their case carefully. It is often only after a thorough and impartial review of evidence that judges and juries reach the appropriate...
Is an appeal just a retrial?
People sometimes make the mistake of thinking of an appeal as a request for another trial. Maybe they already went through the criminal case, but they just didn’t get the result they were hoping for. They would like to start another trial to see if it’s more...
Crypto trial illustrates the complexities of white collar cases
The sun has not yet set on the case against Sam Bankman-Fried, the former cryptocurrency whiz kid convicted of seven conspiracy and fraud charges on Oct. 26. His attorneys are sure to appeal the convictions and possible decades-long sentence that is likely to follow....
Seeking clemency via a presidential pardon
The definition of clemency is mercy or leniency. When a president exercises his constitutionally granted authority to formally pardon someone for committing a federal felony, this is known as a presidential pardon. Presidential pardons, in contrast to commutations,...
Why seeking post-conviction relief and social media don’t mix
Navigating the legal process can be a complex and sensitive undertaking, especially when seeking post-conviction relief. One important piece of advice that often gets overlooked is the necessity of staying off social media during this critical time. Whether you’re...
What are examples of Brady violations?
A Brady violation occurs when the prosecution fails to disclose evidence that is favorable to the defendant's case. This evidence can include information that might help prove the defendant's innocence, impeach the credibility of a witness or reduce the severity of...
Why do federal appeals happen?
People sometimes view an appeal as a way to overturn a conviction. For instance, someone may have been indicted on federal fraud charges or drug charges. They were then convicted in court and sentenced to jail. They want to appeal that conviction because they feel...
Why a stop and search may help a criminal appeal
When there’s the belief that criminal activity is being committed, reasonable suspicion is used by the police to stop and investigate people. For example, an officer who sees someone tucking a bottle of alcohol under their jacket in a store may have reasonable...