When you have been charged with a crime, a bad outcome at trial can be devastating, costly, and affect you for the rest of your life. However, in some cases, appealing this result is a possibility. Countless individuals have seen a reversal of fortune thanks to success at the appellate level. An Avondale criminal appeals lawyer is the ideal asset to have on your side if you intend to appeal your recent conviction.
When you believe you have a real case to make to overturn your conviction, an Avondale appeals lawyer can help with that challenge. Grand Canyon Law Group knows what you need to do for the opportunity of overturning the conviction, but you need to call us NOW to preserve your chance. Let a seasoned criminal defense attorney review your case and advise you on how best to proceed. Contact our team to get started building your defense.
It can be helpful to understand the purpose of the appeals process. Appeals are not a second opinion from a different judge, but rather a process designed to identify and address errors at the lower level. There must be a viable reason—known as “grounds”—for the appellate court to take up a case. Your Avondale criminal appeals lawyer can review the details of your case and help you determine whether you have grounds to file an appeal.
This form of relief is not without its limits, as a defendant must file a notice within 20 days of sentencing. Failing to file this document could prevent the accused from having their file reviewed by a higher court. That is why you must CONTACT US NOW to make sure you do not lose out on your ability to file an appeal in Avondale.
In order for a higher court to reverse the trial decision, there must be sufficient grounds to do so. An Avondale attorney might make the case for the following grounds for appeal. The following are a few of the most commonly cited grounds for appeal that have helped many individuals successfully appeal their convictions in criminal court.
One of the major issues that can occur in a criminal case involves the improper use of evidence. A judge must determine if specific pieces of evidence can be presented to the jury when they are challenged by legal counsel. Should these choices not follow the law, it could be enough to alter the outcome.
Your Avondale criminal appeals lawyer can assist you in determining whether any mistake of law existed in your previous trial that could have altered the outcome of your case. However, it is important to understand that you do not necessarily need to show evidence that counteracts the evidence provided by the prosecution; you must simply prove that their evidence wasn’t properly admitted into the record or that key evidence was unjustifiably excluded.
There are very specific processes that a prosecutor must follow in order to properly submit evidence into the record of a criminal case. The jury and judge overseeing the case must carefully consider all evidence in making their determinations, but if any evidence was improperly admitted, the appellate court may determine that had this evidence been excluded, the case may have been ruled differently.
Few parts of a criminal trial are more important than jury selection. This stage of the proceedings is also frequently contentious, with both sides arguing for the exclusion of certain prospective jurors. When a judge improperly dismisses a juror or allows an individual to be seated on the jury, it may be enough to have a case overturned on the appellate level.
Proving jury bias or unfair jury selection can be challenging. However, an experienced Avondale criminal appeals lawyer will know what they need to highlight in your case to make this argument successfully. If you are able to prove that a juror was improperly selected or that a juror was excluded without a good reason, these issues could be grounds for an appeal of your conviction.
Everyone has the right to a vigorous defense. Unfortunately, not every attorney is prepared to effectively represent their client. Lawyers who fail to even provide basic legal representation could create viable grounds for appeal. This malpractice must go beyond minor errors in judgment or calculated risks that did not pan out.
If you believe that your previous criminal defense attorney committed professional malpractice by failing to provide a cohesive and effective defense, it could be grounds to seek an appeal. However, it is important to understand that just because you lost your case, it does not mean your defense attorney necessarily failed. You must prove that the attorney failed to provide basic legal representation and/or committed egregious procedural errors in their handling of your case.
There are a couple potential outcomes when an individual seeks the support of an Avondale appeals attorney. While a favorable decision is never guaranteed, Grand Canyon Law Group might be able to overturn a conviction or earn a new trial.
Every individual has the right to one appeal of a criminal conviction in Arizona. While success with the appeal is never a guarantee, it is important to remember that the appeal option is available once per case. For example, if you are convicted of driving under the influence (DUI) and you appeal, if you are later convicted of another crime, you would also have the right to appeal that conviction. However, you would need to establish grounds for appeal in both cases.
The most common positive outcome at the appellate level is an order for new proceedings. When a judge makes a mistake that potentially alters the results of the original proceedings, the higher court might send the case back to be tried again. This is common in situations where evidence is wrongfully included or excluded.
In extreme cases, the court might acquit the defendant entirely. Instead of being forced to go through the trial process all over again, this result means the judge determined that the factors require it to come to an end; however, this is not a common outcome. This is only likely to occur if major prosecutorial misconduct occurred or if clear exculpatory evidence is provided that proves that the defendant could not have committed the crime.
You have the chance to challenge your conviction, seek a new trial, or even have the charges against you dismissed completely. The appellate system is complex and navigating it on your own can lead to a negative outcome. An experienced Avondale criminal appeals lawyer can be an invaluable asset if you intend to pursue an appeal. You have a limited time to do so, so it’s vital to choose the right attorney for your case right away.
You deserve legal counsel that understands how to protect your constitutional rights at this level – which is why you need to call Grand Canyon Law Group IMMEDIATELY. Failure to file your petition for appeal on time could mean losing the only chance that you have to do so. Time is extremely limited, so call an Avondale appeals lawyer today to discuss your options.