When a person is facing a criminal charge and is convicted, it can be a daunting and overwhelming experience. The thought of serving a harsh sentence and the impact it can have on one's life and loved ones can be unbearable. However, all is not lost, as there is a possibility of appealing the conviction and sentence. The appeals process can be a complex and challenging one, and it's essential to have a skilled criminal defense attorney by your side. This article examines the critical roles that a defense attorney plays in appealing a harsh sentence.
1. Reviewing the Trial Record for Errors
A criminal defense attorney will carefully review the trial transcript and any other relevant documents to identify any legal errors that may have occurred during the trial. This could include anything from jury misconduct to a judge's failure to properly instruct the jury. Approximately 7% of all criminal appeals are granted due to legal errors, so you stand a chance.
2. Raising Constitutional Issues
A criminal defense attorney will also be on the lookout for any constitutional violations that may have occurred during the trial. This could include issues such as a violation of the defendant's right to a fair trial or the right against self-incrimination.
3. Arguing for a Lesser Sentence
A criminal defense attorney can present evidence of their client's character, background, and remorse in order to argue for a more lenient sentence. This could include things like letters of support from family and friends, evidence of the defendant's good deeds, or evidence of the defendant's participation in rehabilitation programs.
4. Representing the Client at the Appeals Hearing
A criminal defense attorney will also be present to represent their client at the appeals hearing. This gives the defendant an opportunity to tell their side of the story and address any issues that were raised in the appeal. The lawyer can argue and present evidence to the appeals court to support their client's case.
5. Preparing for a Retrial
If the appeals court grants the defendant a new trial, the criminal defense attorney will be responsible for preparing for that retrial. This could include interviewing new witnesses, retaining new experts, and filing any necessary motions. The lawyer will have to start from scratch to build a case for their client.
A good lawyer plays a vital role in the appeals process and can make all the difference in the outcome of a case. From identifying legal errors to raising constitutional issues to arguing for a lesser sentence, a criminal defense attorney is a defendant's best hope for a fair and just outcome. Contact a criminal defense attorney today to initiate an appeal if you think your sentence was harsh or unjustified.
Share24 January 2023
Few things are more frustrating than being accused of a crime that you didn't commit. I found myself in this difficult situation a few years ago when I was with a friend who broke the law. However, I knew that I didn't do anything, which is why I hired an experienced criminal attorney to help me out. He carefully reviewed my case, talked with me about what court would be like, and helped me to wrap my head around the different punishments I might face. He helped to prove my innocence, and I decided to set up this blog to help other people to understand the importance of working with a professional.