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A conviction is not the end of the criminal justice process. While it can feel like a hopeless situation for many, there may be options when a conviction or sentence is based on incomplete evidence.
Appeals in criminal cases can allow wrongful convictions to be overturned because of legal errors. The ability to present new information in a criminal trial can affect the verdict or the sentence, allowing some hope for those wrongfully or harshly convicted. There are options for your future.
If you or someone you love is dealing with a criminal conviction that did not consider all the information, it is important to understand what you can do.
What Is a Legal Appeal?
A legal appeal can happen after a criminal conviction, and it can be raised on the basis of trial errors, improper legal representation, or other incorrect actions in the process. If there was a miscarriage of justice during the criminal trial, an appeal is appropriate.
The appeal may result in a new trial or sentence, depending on the circumstances. An appellate court is not a trial court. The appellate court may decide:
There may be other errors uncovered in appellate court, which can result in a resentencing of the defendant or even a re-trial. This can help those in difficult cases get the justice they are owed.
How Does New Evidence Affect an Appeal?
In most cases, an appeal does not allow new evidence to be presented. The appellate court looks to make sure the law was properly applied and that you were represented fairly. If the new evidence was not uncovered when it should have been, or it was not used in court by a defense attorney because of negligent legal defense, this new evidence may be grounds for a re-trial.
Properly presenting this evidence affects the outcome of an appeal. How the appellate brief is created and the information on it can make or break an appeals case. The brief must prove that there was a significant error in the criminal trial, and it is important that you work with the right advocates to have a successful appeal.
What Types of New Evidence Can Change Your Case?
Evidence is important in any trial. In a criminal trial, the prosecution must meet the burden of proof beyond a reasonable doubt. If they fail to meet this burden of proof, you should not be convicted for the crime. Evidence can be brought forward by the prosecutor or your defense attorney. This evidence ranges from physical evidence to testimony by eyewitnesses or experts.
During an initial criminal trial, your defense attorney must gather evidence and present it to the court. If evidence is missed during the investigation or not handled properly, this can lead to an improper conviction. Errors with evidence may be the fault of the prosecution, your defense attorney, or law enforcement.
Many types of evidence can be used, both in the initial criminal trial and a re-trial. Some of these include:
Forensic Evidence
Forensic evidence can include:
This information can be used to determine whether the defendant was present at the scene of the crime, assess the accuracy of an alibi or confession, or reexamine other information. This is some of the most reliable evidence because it is objective, but it can still be used improperly in a criminal case or mishandled by law enforcement and other parties, thereby affecting the trial results.
Impeaching Evidence
Impeaching evidence calls the credibility of evidence or testimony into question. If a conviction was made on the basis of witness or expert testimony and that testimony is shown to be unreliable, it can impact the outcome of a criminal trial. When this happens, it may be the basis for a re-trial.
Exculpatory Evidence
Exculpatory evidence could be used to absolve the defendant of guilt. This may refer to any type of evidence that exonerates the defendant, including
If this evidence existed during an initial criminal trial but was not used, this is likely a legal error that would allow for a re-trial. If this evidence was determined to be inadmissible by the judge and that decision was incorrect, this can also be helpful when seeking post-conviction relief.
Witness Testimony
Witness testimony and other testimonial evidence can come from individuals who saw, heard, or experienced the crime. Testimonial evidence can also include statements from character witnesses about the defendant as well as expert testimony about certain information or evidence presented in the trial. These witnesses swear under oath to tell the truth when providing their information. If this evidence is determined to be unreliable, it can affect the outcome of a trial.
Uncovering Admissible Evidence to Impact Your Trial’s Verdict
When a criminal trial results in an overly harsh sentence or a wrongful conviction, it can be incredibly overwhelming and scary. The situation isn’t hopeless, however, and it is crucial that individuals seeking post-conviction relief know they can take action to protect their rights. There are many situations where individuals in the criminal justice system make mistakes, fail to follow due diligence, or even engage in misconduct.
An advocacy organization for wrongful convictions can provide support for a criminal appeal. If your defense was negatively affected by your legal representation, post-conviction advocates can put you in contact with other defense attorneys as well as appellate attorneys. They can also review your trial and the evidence used in it to determine if witnesses or evidence were underutilized or wrongfully discarded.
If there are grounds for an appeal, and a re-trial or other appellate decision would affect your trial’s outcome, a post-conviction research and consulting firm can help you find useful information and evidence.
Act Quickly to Protect Your Future
There is a limited period of time to act. Criminal appeals must be filed within 30 days of the final verdict being made. Legal assistance is crucial to finding a proper defense and uncovering relevant evidence.
At NLPA, we have navigated criminal and civil cases, providing research and support to attorneys for appeals. We give you the support you need, both legally and emotionally, during this impossibly stressful time in your life. Our team believes in upholding your civil rights and fighting for your justice. Talk with our advocacy organization today and see how we can help.
