If you were charged and convicted of a criminal offense, you still have legal options. You have the legal right to an appeal, which would ultimately be investigating the court’s legal basis for their decision in your case. Errors in judgment are made in courts of law, and if you were denied the right to a fair trial due to factual or other types of errors, you would have the right to appeal your conviction. The types of reasons you may have to appeal a criminal case are listed below.
False Arrest
If you were falsely arrested without probable cause by law enforcement, you may have the right to appeal your conviction. If you were arrested without a warrant or under circumstances that would not include any legal warrant exceptions, then you may have the right to appeal your criminal case conviction.
Evidence
There are two instances where issues with evidence could allow for an appeal.
- Inaccurate Evidence. Both sides have the right before a trial to view each other’s evidence, and decisions are made regarding what evidence is allowable in a court of law in your unique case. If proper evidence was excluded, or improper evidence was allowed, you may have the right to an appeal.
- Lack of Adequate Evidence. The prosecutor has the responsibility to establish that you committed each criminal offense beyond a reasonable doubt. If there is inadequate or inaccurate evidence, the jury may not have had the information needed to correctly make a determination. While difficult to prove, you may be able to appeal on the basis of inadequate or inaccurate evidence in your criminal case.
Jury Instructions
A jury is always provided instructions by the judge before their deliberation. These instructions tell them how to handle all of the applicable law in your particular case and are called jury instructions. If the judge in your case provided incorrect, incomplete, or somehow inaccurate instructions to the jury regarding the laws, how they should be applied, or which do not include all laws applicable to your criminal case, you may be able to appeal your conviction.
Juror Misconduct
The law requires that jurors must follow strict rules that are designed to ensure that they reach an impartial decision. Juror misconduct occurs when a juror acts inappropriately regarding his or her decision in a criminal case. These instances are fairly common and typically include scenarios in which jurors communicated inappropriately with other jurors, attorneys, or witnesses.
Sentencing
If you were charged and convicted of a criminal offense, you will have gone through the sentencing process, which determines your punishment. This phase of a criminal trial is complex, and several factors are taken into account, including previous convictions, the severity of the crime, and other circumstantial evidence. Judges must follow specific legal rules exactly, or there can be errors during the sentencing phase. If this occurs, then you may have the right to an appeal.
Contact Experienced Criminal Attorney Today
The criminal appellate process is legally complex. Arja Shah is an experienced criminal defense lawyer in Phoenix, AZ who can review your original criminal case, and explain your appeal options to you. Contact Arja Shah by calling (602) 560-7408 or by sending a message through the firm’s request form today.
