In many situations, courts hand down decisions knowing that they fail to address a person’s needs or rights. While some people might be left with options after receiving their sentence, other people identify grounds on which to appeal the decision to a higher court. While a number of people ultimately decide to appeal their sentence, there are distinct issues present in these cases that differ from initial legislation.
To succeed with an appeal, a person should understand the various reasons why they might appeal a decision. Many people mistakenly assume that they can appeal a case for any reason. Appeals, however, require courts to examine the ways in which a lower court applied existing law. Appeals also require a party to address potential failures in the original court’s application of the law. Unless evidence emerges, however, that undermines the court’s previous finding, an appeal accepts that the underlying facts in a case are the same.
Preserving an Error for Appeal
In a large number of cases, a person is only able to appeal a legal error made at trial if he or she has made a verbal or written objection on the record to the error. By documenting these errors, a party preserves the evidence of the situation so that an appellate court can then review the trial court’s decision.
Being falsely arrested and convicted of a crime can serve as a basis for an appeal as well as a valid defense to a conviction of a crime by a federal court of law. To constitute a false arrest, law enforcement must have arrested a person without probable cause or reasonable suspicion.
Incorrect Jury Instructions
Jury instructions refer to information provided to a jury at the end of a criminal trial regarding how laws should be applied to the case. Failure to adequately inform a jury about how laws should be applied or failing to provide jury instructions at all can serve as the basis for a person’s appeal.
Ineffective Assistance of Counsel
Every person in the United States has the right to effective legal counsel. A person’s defense attorney, however, has wide room in which to make strategic decisions about how to navigate obstacles that arise in a case. When a lawyer’s behavior fails to conform to how a lawyer would reasonably act, however, a person might have the grounds on which to base a criminal appeal. This type of appeal is particularly complicated, though, and requires a person to show that the lawyer’s behavior directly affected the cases’ outcome.
Obtain the Services of a Skilled Criminal Defense Lawyer Today
This article has reviewed just some of the most common reason why a person might appeal a case. If you believe that you have the grounds for an appeal in your criminal law case, you should not hesitate to consult with a knowledgeable lawyer who can analyze the various facts of your case and determine your best method to proceed. Speak with an attorney at the Federal Criminal Law Center today.