Your Appeal Is Your Last Best Chance To Right A Wrong

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Can you appeal a conviction if you have new evidence?

On Behalf of | May 2, 2023 | Federal Appeals

Evidence is crucial for both sides in a criminal case. The prosecution relies on it to pursue a conviction. The defendant can challenge it or present other evidence that shows they could not have committed the crime.

Hence, if you’ve been wrongly convicted of a crime, you may continue to look for evidence to prove your innocence. What happens if you find something? Can you then launch an appeal of your conviction?

Appeals courts don’t usually deal with new evidence

That’s not how the system works. Appeals courts are for people to challenge the outcome of a case based on what happened during the original trial. An appellate court will review the findings based on the transcripts and evidence presented during the original hearing. It’s more of a procedural review than anything else. Were the correct laws applied, were they correctly interpreted and were proper procedures followed?

New evidence might provide grounds for a retrial

If the evidence is considered of sufficient importance, you might move to get an entirely new trial. You’d have to show that the evidence is likely to change the verdict and that it only came to light after the original trial. You’d also need to show that there’s a good reason this evidence wasn’t presented the first time around. Poor research is not an excuse. A witness who has just come out of the woodwork might be a valid reason.

If you’ve been wrongly convicted of a crime, it’s important not to lose hope. There is legal help available to learn more about your options.