The judicial system is set up to provide a safety net for those who feel unfairly judged. The appeal process allows those who lost their case to give themselves a second chance and to rectify mistakes that might have been made during the first trial.
The one thing that everyone can be sure of is that after the trial has ended, one side will not be happy with the outcome. Either party can want to appeal the verdict after it has been given.
Appealing After Conclusion of Jury Verdict
There are many good reasons to consider appealing the outcome of a trial; every person’s situation is different.
Unreasonable Verdict. It’s difficult to anticipate every possible scenario where a jury’s decision could be deemed unreasonable. However, the verdict may be considered unreasonable in some cases because the jury didn’t weigh all the testimony or examine all the evidence presented during the trial. When this happens, the defendant may file an appeal after the trial has ended. A successful appeal in a civil case may lead to a new trial. On the other hand, a criminal case can result in the charges being dismissed or the defendant’s conviction being overturned.
Judicial Errors. Trial judges can make judicial errors when making incorrect decisions or taking improper actions. A successful criminal appeal can result from judicial errors such as:
- Heavily condemning the defense or the defense witnesses or favoring the prosecution or prosecution witnesses
- Refusing to exclude evidence improperly obtained by the prosecution
- An incorrect jury instruction
- Denying a motion for suppression of evidence gathered under an illegal search and seizure
Prosecutorial Misconduct. In the People’s interest, prosecutors are permitted to pursue convictions aggressively. However, the prosecution can cross legal boundaries during the trial and do improper things. Upon finding that prosecution misconduct occurred, the appeals court may reverse the conviction. Misconduct by prosecutors includes:
- If they incorrectly comment on or ask the defendant, why they invoked their Miranda rights when asked to do so or why they chose not to speak to law enforcement
- Making an inaccurate comment about the defendant exercising their right to assistance at trial
- Using evidence that the court has ruled inadmissible
Insufficient Evidence. A person convicted of a crime may file an appeal if they feel the evidence presented did not convict them. If they uphold the appeal, they may send the case to a lower court for a new trial.
Juror Misconduct. Juror misconduct such as bias or prejudice can justify a post-verdict appeal. Furthermore, the judge may have made an erroneous instruction to the jury that could be considered a reason for a post-verdict appeal.
Ineffective Assistance of Counsel. It is not always the judge or jury who makes legal errors, but your attorney. A claim for ineffective assistance of counsel may be appropriate when you can prove that the performance of your trial lawyer was so flawed that they deprived you of your Sixth Amendment right to a fair trial.
Hunker Appeals: Experienced Legal Help
You need to find the best attorney you can hire when dealing with such a complicated and serious process as a criminal appeal. If your appeal is successful, you will avoid time in prison and ultimately have your criminal record expunged.
Hunker Appeals is experienced with appealing criminal cases and can help ensure that you get through this process quickly and efficiently. If you live in Fort Lauderdale, Boca Raton, Weston, Miami, West Palm Beach, or one of the other surrounding Florida communities and need an appeals attorney, Hunker Appeals is here to provide a smooth path through the appeals process.
Call or email Hunker Appeals now to set up a consultation.
Hunker Appeals, 110 Southeast 6th Street, Suite 2330, Fort Lauderdale, FL 33301 877-906-5656.
Email: [email protected]