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How to Appeal for a Guilty Verdict: The Top Tips

This is what you need to know

When you are facing criminal charges, it can feel like all hope is lost. But there may be an avenue for reducing your penalties or even avoiding any jail time at all – appealing your guilty verdict.

However, it’s important to note that the appeal process usually only applies in cases where the defendant was initially found not guilty or the jury hung on the verdict and was brought back by judge’s order to deliberate again.

If you didn’t like the verdict of your case and want another chance to plead your case, these top ten tips will help you successfully appeal your guilty verdict.

1) Gather as Much Information as Possible

When appealing for a guilty verdict, it is important to gather as much information and evidence as possible before you start. You will need all of your evidence when you go in front of the judge.

Make sure your witnesses have been questioned and have submitted written statements; this will help speed up the process.

2) Hire an Experienced Criminal Defense Attorney

Hiring an experienced criminal defense attorney is one of the most important decisions you will make. Most importantly, hire someone who has won acquittals in the same or similar case.

Ideally, he should have experience with your type of crime and be familiar with the prosecutor and judge that you’ll be facing.

If he has not handled your type of crime before then find out how many cases he’s tried and what percentage were successful.

This should help you decide if his style might work for your particular situation.

3) Understand the Appellate Process

The appellate process is the process by which one level of court reviews the decision of another lower level of court.

As such, it is an important and necessary part of our judicial system.

It’s also complicated. To understand how the appellate process works and what you can do to ensure that your case has a chance at success, read on.

The specific rules vary from state to state and situation to situation, but generally there are two avenues of appeal open to convicted criminals: direct appeal and collateral review.

In a direct appeal, the defendant appeals his or her conviction by alleging either that errors were committed during the trial or that newly discovered evidence was not available before trial (such as DNA evidence).

In order for this type of appeal to succeed, there must be errors in procedure or law so significant as to make all previous proceedings void.

4) Review the Trial Record

The trial record is the official document that details everything that happened in the courtroom during trial.

It includes the judge’s rulings, what was said in front of and outside the jury, and all of the evidence.

Reviewing this information will allow you to identify where your client may have been prejudiced or misled.

Once you know which errors were made, you can then explain them to the jury so they understand why these errors are important.

5) Preserve Your Issues for Appeal

In order to have the best chance at appeal, you should preserve your issues for appeal. This will allow you to take any objections that are raised during trial and make them an issue that can be reviewed on appeal.

Preserving an issue is not difficult, but it requires some forethought and preparation.

You need to make sure that you are taking notes throughout the trial, as any objection made by the prosecution or judge should be noted so it can be addressed later in the proceedings.

Also, if there is any potentially reversible error committed during the trial then you should object immediately.

For example, if the prosecutor asks a question of a witness when they are not on the stand, then you should immediately object before they answer because this can be grounds for reversing a conviction.

Another thing to note is that if there was an offer by the defense team which was rejected by the prosecutor, then this could also be grounds for reversal because of failure to timely accept an offer of settlement

6) Brief the Appellate Court

The appellate court is responsible for deciding whether or not the lower court made any mistakes in their decision.

In order to do this, they review the trial and all the documents submitted during trial.

They also take into consideration the factual findings of the lower court (what they believe happened) and compare those facts with what actually happened.

If you are appealing a guilty verdict, your job is to make it clear how it is that there was an error in the original trial.

7) Prepare for and Attend Oral Argument

An oral argument is the most important part of an appeal.

This is your time to address the court with your case and state why you think the judge should rule in your favor.

To have the best chance at winning, follow these tips.

* Be on time and be prepared. Make sure you know what you’re going to say before you walk into the courtroom

– and make sure that it can’t be refuted.

8) Seek Further Review

Appealing for a guilty verdict can be difficult, but with careful and thorough preparation, you can increase your odds of success.

To make the process easier, here are the top ten tips every defendant should know before appealing their conviction.

✓ Know Your Jury – In order to appeal a jury’s decision, it is crucial that you understand who served on the original jury panel.

✓ Know Your Law – You will need to know how your case was decided and what specific law applied in order to find areas where you may have grounds for appeal.

✓ Understand Your Judge’s Decision – Judges take different approaches when rendering their decisions; some rely more heavily on legal precedent while others focus more on moral standards.

9 Consider Post Conviction Relief

Post conviction relief is the name of the game if you have been sentenced to prison time. One way an inmate can get a sentence reduced or dropped altogether is by filing an appeal.

An appeal is really just any request for reconsideration of the original decision that was made by the judge.

There are numerous reasons why an inmate might want to file an appeal and this guide will cover some of them, as well as offer some tips on how best to go about it.

 

Written by Dallas

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