Common Grounds for a Criminal Appeal
Most criminal appeals focus on whether an error of law or procedure occurred during your trial. There are many types of mistakes that could have been made in your case, and a Fairfield County appeals lawyer can review the possible grounds for appeal with you. Some of the most common reasons that form the basis for appeal include:
- An illegal search and seizure. (Was key evidence in your case obtained illegally?)
- Suppression of key evidence by the prosecutor.
- An involuntary confession—all defendants must receive a reading of their Miranda rights.
- Attorney conflict of interest.
- Denials of the right to cross-examine witnesses.
- Witness tampering.
- Evidence problems. (Did the judge improperly include or exclude key evidence from your case?)
- Reliability of eyewitness identifications.
- Vague or unclear indictments.
- Your attorney was incompetent.
- Jury issues (for example: misconduct by jurors; improper jury instructions; improper disqualification of jurors based on race or gender).
- Non-compliance with a plea agreement.
- Prosecutorial misconduct.
- Sentencing problems (for example, the court might have calculated the sentence incorrectly).
- Failure of proof—the prosecutor must fully prove each and every element of the crime.
This list is only the beginning of the possible issues that a Fairfield County appeals lawyer might find in your case. Every case is different, and should be reviewed by an experienced attorney to find appealable matters.
If you think there might have been an error in your criminal case and are considering an appeal, contact Fairfield County appeals lawyer Mitchell Baker today at (914) 681-9500 for a consultation.