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,...
Year: 2023
Can you have your sentence commutated in a clemency petition?
In the legal sense, clemency means leniency and compassion by a judicial office toward a criminal offender. It is less an individual legal action and more a gesture of forgiveness approved by the U.S. president. Offenders can seek several forms of relief through a...
A prosecutor’s use of junk science could lead to grounds for appeal
When the state brings charges against an individual, a prosecutor represents the government’s interests. Their role is to make a convincing case based on the evidence gathered by law enforcement authorities and investigators. They must prove beyond a reasonable doubt...
Why do appeals against federal convictions take so long?
When you’re convicted of a crime and wish to challenge the validity of that conviction, there is a process of appeal that needs to be followed. This legal process can often be complex and time-consuming. This can be incredibly frustrating, especially if your loved one...
When appealing a case, stay off of social media
If you are appealing a criminal case, whether it is a misdemeanor or a felony, you will need to take great care with what you say, write, text and post online until the appeals process has been fully resolved. Just as you were warned when you were arrested, that...
Habeas corpus: the basics
In the event that someone has been convicted of a federal offense, filing an appeal may not be their only opportunity to alter their circumstances. A number of appeals scenarios involve filing a legal action known as habeas corpus. Most people who are familiar with...
Did perjury lead to your wrongful conviction?
When an innocent person is convicted of a crime they did not commit, it raises questions about how the justice system works. In some cases, perjury - or lying under oath in court - may be to blame for a wrongful conviction. Perjury can have serious consequences in...
How are appellate attorneys different than trial attorneys?
If you were accused of criminal wrongdoing, fought the charges against you and lost your case, you’re likely overwhelmed by concern about what the future holds. Yet, if you have grounds upon which to appeal your case, hope need not be lost. You can either opt to work...
Confidential informants’ testimony may lead to grounds for an appeal
Every person who has been accused of a criminal offense has the right to present a defense to the charges they face. They can review the evidence the state has gathered with their defense attorney and either gather their own evidence and/or bring in experts to...
How could lies lead to a wrongful conviction?
One person’s word can often be key in securing a criminal prosecution. Yet, what a person is willing to swear is true is not always so. Each year numerous innocent people are given sentences they should never have received after a court believes what someone said....