Thursday, May 15, 2014

Appealing Wrongful Convictions

A criminal case is started, evidences are presented, witnesses give their testimonies, and the defendant is declared guilty and meted the corresponding punishment. This is a usual scenario in criminal courts all over the country. What happens, however, if the defendant is actually innocent of the crime he was accused of? Unfortunately, despite the best efforts of those in the justice system, wrongful convictions do happen.

Conviction vs. Near Miss

Researchers who have looked into wrongful convictions differentiate these from “near misses” where those who were wrongly accused of a crime were eventually acquitted or had charges against them dropped. Wrongful convictions are terrible events, particularly when the accused has already served all or part of the sentence, as no amount of compensation or apologies can take back the unwarranted punishment the accused had to go through.

Appeals Court

Those convicted of a crime can, however, appeal the verdict in a higher court. In most appeal cases, it is not the jury’s decision that is being challenged but any legal errors that might have taken place during the trial. While the lawyer who defended the accused in the trial can represent his client in the appeals proceedings, attorneys who specialize in appeals and post convictions are often called upon at this stage.

A convicted person may also ask for a re-investigation and a new trial if new evidences or developments that can point to his innocence are unearthed.

Monday, May 12, 2014

Commuting Life Sentence Terms with a Fort Lauderdale Criminal Attorney

Many people are convicted for crimes they did not commit or wrongfully charged and eligible for a reduction in legal penalties. These people need representation to pursue a reduction in charges. For Mary Virginia Jones, freedom came through the Post-Conviction Justice Project, a group of law students from the University of Southern California.

Jones’ new lease on life can inspire Floridians whose loved ones are still behind bars. The Sunshine State has had its fair share of wrongful convictions that were successfully overturned after new evidence was discovered. For families who are undergoing this problem, a trusted Fort Lauderdale criminal attorney like Richard Della Fera can help them and their loved ones modify their sentence, seek a reduction in charges or appeal a conviction and get out of prison.

Friday, May 9, 2014

Fighting Potential Conviction with a Fort Lauderdale Criminal Lawyer

Criminal cases that appear to be airtight can actually go either way, in favor of the defendant or against him/her. Often, the key to a strong case is with the lawyer. In the case of Michael Dunn, a suspect for the murder of a teenager, defense attorneys cast enough doubt on the circumstances in the first-degree murder charges to cause the jury to hang.

An expert defense attorney can look at inconsistencies in the prosecution’s case and use them to your advantage. He or she can give you a realistic assessment of the situation. A reputable Ft. Lauderdale criminal lawyer also ensures that you are treated with dignity and respect. If you get convicted, he or she will appeal the conviction, if the facts warrant.

Tuesday, May 6, 2014

Dealing with a Domestic Violence Charge

Domestic violence is defined as any incident wherein an individual behaves in a threatening manner and inflicts violence or abuse to a spouse or a family member. Some reported cases of domestic violence also involved couples who aren’t married but are living together. Being accused of domestic violence can be devastating and bring about negative consequences on your future employment chances.

If one complains that you have committed domestic violence, he or she can file an injunction for protection against you. This means that you are not to have contact with that person, and if you violate this, you immediately get arrested, which is an undeniably frightening experience. This isn’t the same as typical civil cases that is served with a summon, which you can easily comply with.

Once you have been placed under arrest, it’s wise to go with the police peacefully, but you must refrain from speaking of the incident in question. In this case, it’s best to speak to a criminal defense lawyer to help you deal with the looming domestic violence charge.

A lawyer has the knowledge and skills to defend your rights and ensure that you’ll get a fair trial. A lawyer will look into the circumstances of your arrest and the accuser’s possible motives—you may be in the middle of a child custody battle or land dispute, etc. With a lawyer’s assistance, you have a good chance to clear your name.