Who Can Appeal a Criminal Conviction?Anyone convicted of a crime at a trial has a right to appeal that conviction or the sentence imposed to a higher court called an appellate or reviewing court. An appeal asks the higher court to overturn the trial courtâ¿¿s decision based on legal or procedural error. No new evidence may be introduced on appeal; instead the appellate court looks at the record and evidence from the trial court to determine if the trial court properly decided the case. If a defendant is successful at appeal, he will be entitled to a new trial or the charges against him will be dismissed. What Legal Errors are Grounds for Reversing a Conviction?There are many complicated ways that a conviction can be overturned on appeal including: - Insufficient evidence against the defendant
- Improper instruction of the jury
- Error in law used
- Use of illegally obtained evidence at trial
- Inadequate representation for the defendant
Do I Need a Lawyer to Appeal a Criminal Conviction?If you or someone you know is facing criminal charges a criminal defense attorney can advise you of your rights and legal defenses. If you have been convicted of a crime, and want a new attorney for the purposes of appeal, you are entitled to hire a new lawyer. |
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