The Basics of Criminal Appeals Law

Published on: 01 July 2019 Last Updated on: 12 September 2024
Criminal Appeals Law

In this article, we want to quickly look at the subject of criminal appeal and the laws that govern it. We are not approaching it like a law school course addressed at lawyers but as a general informative content meant for those who may not be so knowledgeable in legal matters.

Hopefully, the information we will share here however basic will help you get a better understanding of this process of criminal appeal and how you can take advantage of it should you be in a position where such an action becomes necessary.

The Basics of Criminal Appeals Law:

An Overview:

A criminal appeal is a process where an individual who has been tried by a court of competent jurisdiction and convicted for a crime decides to seek the intervention of a higher court. The purpose of this intervention could be to seek an overturn of the conviction reached by the lower court based on a few points that we will look at later.

It could also be to seek a reduction in the sentencing delivered upon conviction. In either case, the defendant is turning to a higher court so that s/he can get a more favorable outcome in the form of an acquittal or a sentence reduction.

When an appeal is filed, the higher court will go through the process that the lower court went through to reach its verdict. This means that there shall be no testimonies or submissions of fresh evidence. The decision of the higher court will be based solely on the recordings of the concluded court proceedings.

It is from this recorded process that the appealing counsel will point out the grounds of their appeal and it is also from these recorded proceedings that the higher court will reach its decision.

It is important to understand that it is common to find the higher courts in the U.S naturally favoring the decisions of the lower court. It will take some very clear infractions or errors to cause a higher court to overturn the judgment of the lower court.

Grounds on Which an Appeal Can be Made:

We mentioned above that an appeal has to be based on certain grounds. We will now look at a few of these grounds upon which a criminal appeal can be filed.

An appeal can be file if any of the following happened during the trial at the lower court:

  • There is a clear error in the interpretation of the law.
  • The verdict given is not backed up by clear evidence.
  • The ruling of the lower court bothered on abuse of its discretion.
  • The defendant claims that his/her representation was inadequate.

Any of the points above are grounds upon which an appeal can be filed. You should, however, understand that the appellate court must find evidence in the proceedings of the trial as shown by your attorney in your appeal filing that supports your claim.

If the higher court does not find enough evidence supporting your claim, it will be thrown out.

What You Should Do:

If you have just gone through a criminal trial and you were not happy with the outcome because you felt the process was somehow flawed, you could ask your lawyer what your chances will be if you were to take it to a higher court.

We understand that it is likely that your attorney is the reason why the outcome of the trial was the way it is. If this is the case, then having such an attorney handle your appeal will not be a very smart move.

You’ve already made the mistake of choosing an attorney who could not properly represent your interest in court, do not make the mistake of having the same attorney contest this outcome in a higher court for you.

You can find a lawyer here with the experience to look through the records of your case and give you a candid opinion. There’s no point in spending time and money contesting a case that is certainly not going to go your way no matter where you take it.

What you need is a correct assessment of your chances. If it is seen that there are indeed solid grounds on which an appeal can be filed, you should engage the services of Criminal Appeals Toronto attorney with the required expertise, who knows exactly how to prepare your case to give you the best chance of getting a better verdict.

Bonus knowledge: Check out our blog regarding Criminal Law Enforcement

Read Also:

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Common Car Accident Types Where A Lawyer Is Essential

From Collision To Compensation: Common Car Accident Types Where A Lawyer Is Essential

Car accidents are an unfortunate reality of modern transportation, with data revealing startling statistics that highlight the prevalence of these incidents on our roads. In the United States, for instance, there are millions of car accidents each year, leading to a high number of injuries and fatalities. These numbers emphasize the importance of safety measures and preparedness should one find themselves involved in an auto accident. Amid the chaos following an accident, victims often face not only physical and emotional trauma but also complex legal and financial challenges. This is where the expertise of a car accident lawyer becomes indispensable. Securing fair compensation after an accident is not merely about filing insurance claims; it's about grasping the complexities of liability, negotiating with insurance companies, and, if necessary, pursuing legal action to ensure justice is served. A seasoned lawyer can steer through the maze of legal procedures to protect your rights effectively. As we proceed, we'll explore the five common types of car accidents where the counsel and advocacy of a knowledgeable lawyer are not just an advantage but a necessity for those seeking rightful recompense. Through their intervention, victims can hope to recover losses and focus on healing without the added burden of legal battles. #1 Rear-End Collisions: The Complexity Behind A Common Incident Despite their frequency on the road, rear-end collisions are anything but straightforward. They typically occur when the front end of one vehicle crashes into the back of another. This can happen for a variety of reasons ranging from sudden stops, and distracted driving to tailgating, or even slippery road conditions. The resulting injuries can range from minor whiplash to long-term spinal damage, depending on the severity of the impact. Establishing fault in these accidents often involves understanding the subtleties of traffic laws and driver duty of care, with most presumptions placing the blame on the trailing driver for not maintaining a proper distance or not paying attention. However, every case has unique factors that can complicate this assumption, such as if the lead driver performed an unpredictable maneuver or if there were malfunctions with one of the vehicles' brake lights. When seeking compensation, legal acumen becomes vital to managing the process of determining fault, especially when insurance companies are involved and injuries are serious enough to warrant a substantial claim. #2 T-Bone Accidents at Intersections: Sorting Through Liability T-bone accidents, often occurring at intersections, are severe collisions where the front of one vehicle crashes directly into the side of another, resembling the shape of a “T”. These crashes can lead to significant injuries and vehicle damage, making them among the most dangerous types of road incidents. Determining who is at fault in a T-bone accident can be complex, as it typically involves a scenario where one driver has failed to yield the right of way, possibly due to running a red light or stop sign or being distracted. Proving liability requires a close investigation and a clear understanding of traffic laws. In such cases, a lawyer becomes a key ally, possessing the expertise to sort out these challenges. They play a vital role in collecting evidence such as traffic camera footage, witness statements, and vehicle damage reports. What’s more, they bring experience in negotiating with insurance companies to ensure victims receive fair compensation for their losses. #3 Multi-Vehicle Pile-Ups: Untangling The Web Of Responsibility When several vehicles are involved in an accident, the result is not just physical wreckage but also a puzzle of accountability. Multi-vehicle pile-ups embody chaos on the roads, with each collision triggering another until a snarl of metal and motion brings travelers to a devastating halt. These massive accidents can make it incredibly challenging to discern the actions leading up to the commotion and to pinpoint the responsibilities of each driver involved. With numerous parties, each with their own perspective and different auto insurance policies, the situation often becomes remarkably complex. Given the multitude of potentially liable parties and the interrelated sequence of events that led to the accident, it is nearly impossible for an individual to manage the aftermath alone. This is why securing a legal expert is not just advisable but necessary. A skilled attorney can dissect the detailed aspects of the multi-car pile-up, coordinating effectively with several insurance companies to ensure that the burden of responsibility is assigned accurately and that justice is served in the knotted aftermath of such harrowing events. Read Also: Car Accidents in California- What Does the Law Say? #4 Hit-And-Run Incidents: Tracking Down The Culprit Hit-and-run accidents add a profound layer of complexity and distress to already traumatic situations. When a driver flees the scene of an accident, they leave behind not only physical damage and potential injuries but also a web of unanswered questions. To disentangle this web, a detailed investigative process springs into action. Authorities begin by gathering all available clues from the scene - think skid marks, vehicle parts, and eyewitness accounts. Law enforcement may also call upon surveillance footage or traffic camera data to piece together the fleeting moments before and after the incident. Amidst the investigation, those affected by hit-and-runs can find solace in legal support. An experienced lawyer becomes invaluable in such cases, providing guidance and advocacy. These professionals are adept at understanding the subtleties of the law and can be key in securing due compensation. They work tirelessly to uncover the identity of the hit-and-run driver and utilize uninsured motorist policies to ensure that victims receive coverage for their losses. The path to justice can be winding and uncertain, but with a combination of thorough investigation and skilled legal representation, the chances of holding the culprit accountable increase greatly. #5 Drunk Driving Crashes: Advocating For Justice And Compensation The traumatic impact of collisions caused by inebriated drivers cannot be understated. These accidents come with severe repercussions, not just physically and emotionally, but also in terms of the legal consequences that accompany them. Drunk driving, universally condemned and vigorously prosecuted, often results in punitive damages—a kind of legal retribution that goes beyond compensatory measures, aiming to punish the offender and deter future misconduct. Nevertheless, deconstructing the legal challenges surrounding such sensitive cases calls for a strategic approach that an experienced attorney can provide. Skilled lawyers play an important role in ensuring that justice is served by effectively advocating on behalf of victims and their families. They tirelessly work to secure fair compensation, addressing the profound losses incurred while maneuvering through the legal framework. In these trying times, an attorney doesn't just serve as legal representation, but also as a steadfast pillar of support in the pursuit of justice and rightful compensation for those affected by the negligent acts of others. In the aftermath of a car accident, the importance of having legal expertise cannot be overemphasized. Dealing with the complications that arise can be overwhelming, particularly when it comes to managing insurance claims, potential litigation, and securing fair compensation for injuries and damages. Individuals need to consider the extensive benefits that consulting a car accident lawyer can bring to their case. These professionals offer more than just legal advice; they provide a shield against the tactics of insurance companies and the legal mazes that can baffle anyone without a law degree. A car accident lawyer works to ensure that your best interests are represented, aiming for optimal outcomes that might not be achievable without their specialized knowledge and experience. Additional: Steps To Follow After A Car Accident Steps to Filing a Car Accident Claim in Waukegan Philadelphia Residents: How A Car Accident Lawyer Can Help You?

READ MOREDetails
Collaborative Divorce

A Civil Way of Separating: 6 Questions and Answers About Collaborative Divorce

A collaborative divorce is one in which spouses work together, with their lawyers, to reach a divorce agreement instead of taking the case to court. This process can help reduce stress, enable the couple to get divorced faster and help the couple save as much money as possible through the divorce process. While this is a relatively new way to get a divorce, this is one many couple are choosing because it can make the divorce process easier on everyone involved. How Does Collaborative Divorce Work? During the collaborative law process, both spouses hire a collaborative divorce lawyer to protect their interests and help them through the divorce process. The lawyers and spouses will then have a series of meetings to identify the issues that need to be resolved and work on coming up with a solution that’s good for everyone. Other professionals may be called in to help facilitate these discussions and help the spouses find a good solution. How Expensive is a Collaborative Divorce? A collaborative divorce can be expensive, depending on how long it takes and how many professionals need to be brought in to help work out any issues. Traditional divorces will end with couples spending more than $20,000 for divorces that go through a trial. A collaborative divorce, on the other hand, doesn’t involve going to trial so, even with the added cost of help from professionals, the collaborative divorce is far less expensive. Can Anyone Seek a Collaborative Divorce? Any couple can seek a collaborative divorce, so long as both spouses are available and willing to work through the process. High-conflict divorce cases can be solved through the collaborative divorce process without the divorce needing to go through a trial. A collaborative divorce won’t be available if one spouse cannot be found or if one spouse does not wish to try this process. Is it Possible to Switch from a Standard Divorce to a Collaborative Divorce? Yes, but only if both spouses are willing to give a collaborative divorce a try. If the spouse who has already filed does not have an attorney trained in the collaborative divorce process, they must be willing to end the current divorce case and start over with a new lawyer. What Happens if One Side is Dishonest? While a collaborative divorce depends on honesty between spouses, it’s possible that one side will be dishonest during the process. If any dishonesty is found, the lawyer for that side is required to let the other side know and to withdraw from representing their client. What Happens if an Agreement Can’t be Reached? A collaborative divorce will work out well in most cases, but there is always the chance that spouses cannot come to an agreement. If this happens, the spouses can decide to quit the collaborative divorce and start over with a divorce that goes to trial. In this case, they will both be required to find new attorneys to help them through a traditional divorce. If you are planning on getting a divorce, a collaborative divorce might be worth a try. Speak with a collaborative divorce attorney today to learn more about whether this is right in your situation, how you can get started, and how you can talk to your spouse and encourage them to start the collaborative divorce process. Read Also: How To Avoid A Toxic Divorce Benefits Of Using Divorce Lawyers Top 7 Reasons To Hire A Private Detective Agency During Divorce Cases Divorce Lawyers In Houston Texas: A Short Guide On Saving Your Marriage

READ MOREDetails
Mental Health in Canadian Criminal Law

The Role of Mental Health in Canadian Criminal Law

Exploring the interplay between mental health and Canadian criminal law presents a challenging and constantly changing scenario. The judicial system acknowledges that individuals struggling with mental health may necessitate a distinct approach compared to those without such issues, focusing on balancing justice and empathy. This article delves into the diverse role mental health plays within the Canadian criminal justice system, spanning from initial arrest to sentencing and rehabilitation. Mental Health As A Contributory Element In Sentencing A crucial aspect of the connection between mental health and Canadian criminal law lies in its influence on sentencing. The courts recognize that mental health difficulties can play a role in criminal activities and, occasionally, act as a contributory element. In determining sentences, judges consider factors such as the accused's mental state during the offense, possible connections between mental health problems and criminal actions, and the overall effect on responsibility. This comprehensive approach seeks to guarantee that sentences are equitable and tailored to individual situations. Diversion Initiatives And Mental Health Courts Acknowledging the distinct requirements of individuals facing mental health difficulties, Canadian criminal law has implemented diversion initiatives and specialized mental health courts. These alternatives strive to steer individuals clear of conventional criminal proceedings and towards programs that tackle the underlying reasons behind their conduct. Mental health courts specifically offer a more healing approach, linking accused persons with mental health resources and support instead of concentrating solely on punitive actions. Challenges In Assessing Mental Fitness Assessing mental fitness is a critical component in determining an individual's culpability and appropriate legal response. However, it poses significant challenges. Mental health assessments often require expertise from forensic psychologists and psychiatrists to provide comprehensive evaluations. The courts must navigate issues of reliability, confidentiality, and the potential stigmatization of the accused. Striking a balance between protecting the rights of the individual and ensuring public safety adds complexity to the process of assessing mental fitness within the Canadian legal system. Cases And The Role Of A Specialized Lawyer Within the broader context of mental health and Canadian criminal law, cases involving child pornography present a unique set of challenges. Accusations of child pornography offenses can be emotionally charged and complex. A specialized child pornography lawyer plays a crucial role in such cases, understanding the sensitivity and gravity of the charges. These lawyers often collaborate with mental health professionals to assess the accused's mental state, addressing underlying issues that may contribute to the alleged behavior. The goal is to ensure a fair legal process while also advocating for appropriate mental health interventions for both the accused and potential victims. Access To Mental Health Treatment For Offenders Recognizing the potential for rehabilitation, Canadian criminal law emphasizes access to mental health treatment for offenders. When mental health concerns are detected, the legal system strives to provide access to suitable treatment and assistance. This could entail collaborating with mental health experts, devising customized rehabilitation programs, and continuous supervision to make sure the individual gets the required care. Ultimately, the goal is to tackle the underlying reasons for criminal actions and encourage successful re-entry into society. The Need For Continued Education And Awareness Though progress has been achieved in recognizing mental health's significance in Canadian criminal law, continuous education and awareness remain crucial. Judges, attorneys, law enforcement officers, and the general public need to keep learning about the intricacies of mental health and criminal behavior. This involves identifying symptoms of mental illnesses, comprehending their possible effects on legal procedures, and supporting policies that emphasize the well-being of individuals within the criminal justice system. In conclusion, the relationship between mental health and Canadian criminal law reflects a commitment to a balanced and compassionate legal system. From sentencing considerations and Charter protections to diversion programs and specialized courts, the legal landscape is evolving to address the unique needs of individuals with mental health challenges. By recognizing the importance of mental health in legal proceedings, Canada is taking significant steps toward fostering a system that prioritizes justice, fairness, and rehabilitation. Read Also: 10 healthy Habits to improve your health How To Take Care Of Your Mental Health Living Healthily | Six Crucial Lifestyle Tips for College Freshmen

READ MOREDetails