Appealing a Conviction Requires an Attorney
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by: arnoldbosel
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Date: Wed, 2 Nov 2011 Time: 7:58 AM
A convicted person can appeal a conviction with the help of a defense attorney in Frederick, MD. Everyone gets at least one appeal upon conviction, though it's not required by the U.S. Constitution. However, the appeal is allowed in all U.S. jurisdictions out of recognition of the fact the legal process is complicated and mistakes happen.
During an appeal, a defendant can describe the mistakes that were made. These mistakes may involve violation of the rights conveyed by the U.S. Constitution during the course of the trial. The appeal may also claim mistakes were made in violation of laws that existed at the time of the trial. Appeals can even be made when a law is changed and you would not have been convicted under the new law.
Basis for Appeal
There are many ways a defense attorney in Frederick, MD can approach an appeal. For example, the attorney may claim the prosecutor did not show all of the evidence that could have exonerated the defendant and that led to the conviction. Some appeals claim the judge in the original trial allowed evidence that should not have been admitted, like hearsay testimony. Other common grounds for appeal include:
>> Jury was given improper instructions
>> Witness lied and it can now be proven
>> Evidence submitted was obtained illegally
>> Closing arguments made by the prosecutor were improper
>> New witnesses have come forward that clearly exonerate the defendant
Appeals are mostly made by those who pled not guilty. If you chose to plead guilty, you can appeal, but the appeal must be based on strong grounds. For example, there must have been serious mistakes made during the original trial. If the appeal is granted, the caveat is that a new trial will be granted and you can be convicted all over again. The only time a retrial is not allowed is when it is determined during appeal that the government did not prove reasonable doubt by the evidence. In that case, the defendant should never have been arrested in the first place.
When the laws change, a chance for appeal may arise. You must consult with your attorney in Frederick, MD to determine if an appeal is possible. There is no way to determine that without carefully studying the new law and learning if the law is retroactive.
Attorney Plays a Central Role
The same or different attorney may handle your original trial and your appeal. The lawyer you choose must be able to handle the legal research needed to appeal a case. Appeals are based more on legal doctrine than evidence in many cases. This is especially true if the appeal is trying to prove your Constitutional rights were violated.
The attorney in Frederick, MD will work closely with you to determine if an appeal is appropriate. If you want to appeal, you must make it clear to your attorney so he can file the appropriate documents with the court. If you don't specifically tell the attorney you want to appeal, you could inadvertently waive your right to do so.
About the Author
The author of this article is working for a www.wardlawoffices.com. If you want to know more about Attorney Frederick, MD or Defense Attorney Fredrick, MD, than please visit the website linked here.
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