A Felony Drug Conviction Isn’t Necessarily The End Of The Story
A felony drug charge is always serious. When you have already been convicted, you know that the situation is about as serious as it can get. You are down to your last realistic chance to avoid prison and serious fines. The only chance you have might be a successful appeal. However, successfully appealing a felony drug conviction is no simple matter. You need a lawyer who has experience handling appeals in New Mexico state courts.
I have the experience you need. At Just Appeals, The Law Office Of Scott M. Davidson, I have been practicing law for more than 20 years, with extensive experience handling all kinds of felony drug appeals. I serve clients in Albuquerque and the surrounding areas of New Mexico. If there is any way to get your conviction reversed and keep you out of prison, I will find it.
How To Appeal A Drug Conviction
I represent clients in all types of state felony drug crime charges, including possession, dealing, growing, and manufacture and related charges.
When I take a case on appeal, it involves these general steps:
- Initial determination: You cannot appeal your case simply because you don’t like the result. There needs to be adequate grounds for an appeal. To establish adequate grounds, there must be some kind of error before, during or after trial, or perhaps your attorney missed critical aspects of your defense and was negligent in representing you. I can look at your case to determine whether there are adequate grounds for an appeal.
- Filing notice of appeal: If there are adequate grounds, I will file the notice of appeal and other appeal documents to set up your case for the appeals court. Then the court needs to look over the documents and determine whether you win the appeal.
- Appeal versus trial: It is important to note that an appeal is not like a trial. There is no jury, and new evidence is not presented during the appeal. Appeals are heard by appellate court judges. The attorney points out the errors and tries to get the right result.
- Result: If successful, an appeal can result in a retrial or even an overturning of the initial conviction. This could mean that your case is thrown out and you are free, even if you were convicted at trial.
You probably are not sure whether your case would be overturned on appeal, or even if you have adequate grounds to appeal your case. The best thing to do is talk with a trusted lawyer who will look over your case and help you determine whether you should try to appeal.