The court exists to make sure that justice is served and a fair decision is reached when it comes to the case in question. When a complainant or defendant thinks that the case had been decided unfairly, they may opt to file for an appeal. This does not mean that there will be another trial, but it will open the possibilities of correcting some potential errors made during the original trial.
Appeals may change the first decision that was reached during the first trial. However, filing for an appeal does not automatically mean that the decision will be changed. This leads to the question of whether applying is worth it or not. This will be a two-part blog post that will help shed some light on appeals and if they are worth applying for or not.
Getting an Appeal Part 1: How Often Are Appeals Successful?
Reasons that Defendants Can File for an Appeal
1 – The Facts and Evidence Presented Go Against the Judge’s Decision
The judge’s ruling should be based on the facts and evidence that is presented in the trial. The final decision should lean toward the facts that were presented; however, there are instances where the ruling does not seem to be supported by the evidence. This may be a possible reason to apply for an appeal.
2 – The Judge Has Committed Legal Error
The decision of the judge is usually final. However, they are also only human and may also commit errors. If the judge has made an error that affects the decision of the case, such as using legal requirements for the wrong state, this may be another reason that may warrant an appeal.
3 – The Judge Abused His Power
There are instances where judges act in a way that exceeds their power. If they act in a way that seems to be beyond the court’s decision and abuse their power as a judge, it may, in turn, affect the way that they will eventually rule on the case. If the defendant notices that the judge weighs one piece of evidence more heavily than others just to sway their final decision, the defendant may be able to file an appeal based on these grounds.
Instances that May Result in a Successful Appeal
When it comes to getting a successful appeal, there are a few key situations that may allow for a successful appeal such as an improper admission of evidence, poor instruction given to the jury or misconduct from the jurors, lack of evidence to support the judge’s ruling, or poor legal counsel.
You may want to know the general success rate for an appeal because you may have a pending appeal of your own. When it comes to the success of appeals, a positive outcome will mostly depend on the legal counsel who is handling your case. The key to having better chances at a successful appeal is to look for a skilled attorney that will make sure to look at all the evidence in your case and will hopefully be able to turn your case’s decision around for the better.
If you are looking for a good lawyer who may be able to help you file an appeal, contact Attorney Frank Fernandez. He concentrates on all types of criminal defense and he is
an industry expert in all matters related to criminal law. Mr. Fernandez has been lead
counsel on numerous trials with expertise in both the State and Federal Courts. Get one of the best criminal attorneys in Boston to handle your case today!