If you were arrested for and accused of a crime you have the right to a public trial by jury. In this trial, you and your attorney will implement defensive strategies in an attempt to counteract the prosecution’s evidence against you and cast a shadow of doubt on your guilt. However, even with the best attorneys available, you may sometimes find yourself facing a guilty verdict. For those convicted of a crime, the question often arises: can I appeal my criminal conviction? The answer to this question can vary depending on several factors. For more information and to discuss your legal rights and options, reach out to a Red Bluff criminal lawyer today.
What is an Appeal?
In general, it is preferred that decisions made in court are upheld. However, there are some situations where a guilty verdict may be unfair or inaccurate. An appeal is a process where a higher authority reviews the details of a case to determine whether or not the outcome was fair and rooted in evidence.
Can I Appeal My Conviction?
Whether or not you can attempt to appeal depends on the nature of your guilty verdict. If you plead guilty you will not be granted an automatic right to appeal the conviction but the appellate court may grant you the opportunity.
However, if you are found guilty based on a judge’s or jury’s verdict at trial, you have an absolute right to appeal. It is important to note that while defendants can appeal guilty verdicts, the prosecution cannot attempt to appeal if the jury acquits the defendant. Doing so would place the defendant in double jeopardy which is prohibited by the United States Constitution.
What Are the Grounds for an Appeal?
An appeal is not based only on the defendant’s disagreement with the verdict. It must be rooted in a specific legal error or mistake with procedures that could have potentially influenced the outcome of the case.
Some common valid grounds for an appeal include the following.
- Legal errors: Legal errors may have been made in various areas of the legal process. Examples can include improperly admitted evidence, incorrect jury instructions, or a lack of evidence. Any of these errors could significantly influence the case.
- Procedural errors: Misconduct by the prosecution or defense or errors in the jury selection process could constitute procedural errors. These mistakes can impact a verdict.
- Ineffective assistance of counsel: A criminal defendant has the right to adequate legal representation. If it can be proven that the defendant’s attorney provided ineffective or inadequate representation which affected the outcome of the case it could be grounds for an appeal.
- Juror misconduct: If the jury conducted itself improperly at any point during the trial it could result in an appeal. This may be relevant if there was drug or alcohol abuse, improper communication between jurors and witnesses or counsel, experiments, and more.
If you believe that any of the above were present and relevant in your case you may be able to appeal your guilty conviction. Reach out to a skilled attorney to discuss your situation and begin taking the necessary steps to appeal.
