Tuesday, April 22, 2014

Tips on Appealing a Criminal Case

Nothing in the criminal justice system is ever taken lightly. For an accused to be deemed guilty, the verdict should come without a shadow of a doubt. Even then, there are situations in which the counsel of the accused can opt to have the case appealed in the Appeals court.

Contemporaneous and Specific Objections

To maintain your position for appeal and hopefully push through with it, your claim needs to be based on an objection that is both contemporaneous and specific. The former means that the objection to an evidence should have been made when the evidence was first presented. Being specific means that it should provide the trial court with an opportunity to correct the errors.

Constitutionalize

If you can, you should also state the constitutional grounds for your objection. Being the fundamental law of the land, the constitution will have a stronger bearing on the relevance of your objection than any state law or ordinance could.

Objection to a Remedy

Did you know that you can still object to the remedy that the trial court puts forth if you deem it insufficient? Even if the trial court should sustain your objection but the remedy you are given is nowhere near comparable to the remedy you seek, you can still claim an appeal.


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