Wednesday, September 9, 2015

The Jury Found Me Guilty! Can I Appeal??



Each and every criminal defendant has certain constitutional rights, the most important being the right to have a jury of his or her own peers decide whether they are guilty or innocent of the alleged crime. Taking a case to trial is a risky proposition for those participating, especially for the criminal defendant involved in the case. If a defendant is convicted of a crime at trial, there are certain appellate rights they have. The government may also appeal a case.  

In order for an appellate court to hear an appeal from a lower court the aggrieved party must demonstrate to the appellate court that an error was made at the trial level. The error must have been substantial. "Harmless errors," or those unlikely to make a substantial impact on the result at trial, are not grounds for reversing the judgment of a lower court. Any error, defect, irregularity, or variance which does not affect substantial rights, are generally disregarded.

Assuming that there was no harmless error, there are two basic grounds for appeal. The first being that the lower court may have made a serious error of the established law (plain error) and the second being that the weight of the evidence does not support the verdict reached by a judge or jury.

Plain error is an error or defect that affects the defendant's substantial rights, even though the parties did not bring this error or defect to the judge's attention during trial. Of course, some plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court. In any event, plain error will form a basis for an appeal of a criminal conviction.

It is much more difficult to prevail in an appeal based on the alleged insufficient weight of evidence. Although appellate courts review the transcripts of trials, they almost never hear actual testimony of witnesses, view the presentation of evidence, or hear the parties' opening and closing arguments. As a result, they are not in the best position to assess the weight of the evidence in many cases. For this reason they place much confidence in trial courts' decisions on issues of facts. In an appeal based on an alleged insufficient weight of evidence to support a verdict, the error or misjudgment of evidence must truly be egregious for a defendant to expect to prevail on appeal.

If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.

No comments:

Post a Comment