Tuesday, July 22, 2014

Some Errors your Defense Attorney Can Use to his Advantage

Every defendant in a criminal case is given a chance to appeal the court’s decision. In a number of cases, the arguments may center around various “errors” they claim the prosecution made. A skilled criminal lawyer will help push your case back from the brink. Here are some error types that defense attorneys argue for you:

Fundamental error
A fundamental error is cited when further study of a case convinces the defense that there are many issues to contest that go right into the essence of the case. The defendant might not even cite these errors when making a case for appeal. A higher court may be asked to change the judgment “in the interests of justice.”


Reversible Error
Reversible errors are mistakes on part of a judge, an attorney, or a jury. Some legal experts state that these can include flaps such as the court failing to accept valid evidence (or admitting evidence not allowed under the rules of evidence), allowing a juror who favors one party, and not declaring a mistrial when circumstances warranted it.

Harmful error

A harmful error is a flap that an appeals court can consider to prove that there were issues that affected the outcome of a trial. A few courthouse veterans attest that some prosecutors can be relentless to the extent that their litigation resulted in an innocent person being jailed due to factors such as quality of evidence. 

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