There are times when judges and juries come to the wrong verdict. Despite a lack of evidence against you, convictions sometimes happen when they shouldn’t. Likewise, judges may hand down sentences that are not supported by the law. In these cases, you need a dedicated appellate attorney to fight for your rights.
If you are considering appealing your criminal conviction, you deserve an experienced defense attorney like Mike Schillinger who will fight for you. Hiring the proper legal counsel ensures that you are treated fairly by the appellate court. Let Mike Schillinger, an appeals lawyer in Islip be your personal advocate.
What is the Purpose of an Appeal?
The appeals process allows us to question incorrect or improper rulings that occurred at the trial level, that might have resulted in your conviction. Although an appeal is meant to correct errors, not every correction will lead to a conviction being overturned. For example, minor mistakes made by judges or attorneys rarely lead to a new trial or an overturned verdict.
However, other errors sometimes significantly impact the outcome of a case. For instance, when a Judge allows the District Attorney to introduce evidence at trial that should have been excluded, this can dramatically impact a person’s case. In these situations, an appeal may afford a client with an opportunity for a new trial that may even lead to an acquittal.
It is important to speak with an attorney in Islip when filing an appeal. Issues at trial are not always recognized by those unfamiliar with the law. A seemingly minor detail could be an essential indicator that a mistake was made at trial.
Grounds for a Viable Appeal in Islip
There are several reasons why a defense attorney might file an appeal in a criminal case. However, understanding grounds for an appeal can be difficult without the assistance of knowledgeable legal counsel. Common mistakes that lead to appeals include:
Jury Misconduct
Jurors in criminal cases have strict rules they must follow when acting in their role. For example, they cannot discuss the case with other people and are often limited in the media they can consume regarding the trial. If a juror breaks these rules, a judge may award a defendant a new trial. A common example of this is when a juror starts reviewing newspaper articles or watching interviews that are relevant to the case that they are sitting on.
Ineffective Assistance of Counsel
Defendants have the right to competent legal counsel. An attorney failing to provide adequate legal representation to their client can have disastrous effects on a criminal trial. Some examples include the failure of a lawyer to make timely objections, interview vital witnesses, or obtain critical discovery materials.
Legal Errors
Judges are human, and as a result they sometimes make mistakes. There are times when judges apply the law incorrectly. This can happen when a judge makes a mistake regarding the admissibility of evidence, which could warrant a new trial. Some judges even impose sentences upon people that are outside of the legal sentencing range. Fortunately, an experienced appellate lawyer can help you appeal a verdict with the goal of reducing that sentence to a penalty that fits the law.
Contact an Islip Appeals Attorney Right Away
Appealing a conviction may be your last shot at preserving your freedom. If you believe you were mistreated at trial, let us help you get the justice you deserve.
An Islip appeals lawyer will help you protect your rights and fight for you in court. Reach out to Mike Schillinger right away to discuss your options.
N/a
