Were you or was someone you know recently unjustly convicted?
Perhaps a no contest or guilty plea was entered and an unlawful sentence was imposed. Don’t fret! Please understand that what happens at the trial court level isn’t the end of the road. In most cases, a defendant can appeal the judgment and/or the sentence to a higher court. This is commonly referred to as the direct appeal.
Understanding the Direct Appeal
The direct appeal is one of the most critical stages in the criminal justice process.It’s an opportunity to have the legal issues that came up during the plea or during trial reviewed by a higher court. However, not every legal issue can be reviewed during the direct appeal. Only those legal issues that the trial attorney specifically reserved by motion or by making a proper objection, or those legal issues that can be characterized as a “fundamental error,” can be raised on appeal.
A fundamental error is a legal error of such a magnitude that appellate court will consider the issue, even in the absence of a specific objection by the attorney at the trial court level. Examples of errors that may be considered fundamental and grounds for an appeal include the following:
Improper jury instructions
If a judge’s instructions to the jury are erroneous and violate the defendant’s right to due process and he’s convicted, this would be considered a fundamental error.
Jurisdictional Errors
If a trial court acts outside of its jurisdiction, it could affect the foundation of the case and be grounds for appeal.
Double Jeopardy
This clause of the Fifth Amendment prohibits the prosecution of individuals for the same crime on more than one occasion, or imposing more than one punishment for a single offense. These convictions can be overturned on appeal.
Conviction for a Nonexistent Offense
If it can be shown that the courts erroneously construed the law in order to convict an individual, this is grounds for appeal.
Violation of Due Process
When pursuing charges against a defendant, certain procedures must be followed. If the correct procedures aren’t followed, a conviction may be overturned.
Attorney Robert Malove Is the Appellate Attorney You Need
No matter who represented you at trial, criminal appellate attorney Robert Malove can review your case and determine if you have a chance at appeal. Our firm aims to provide the most effective and result-producing appeals through exhaustive research, the filing of academically superior briefs, motions, and the vigorous pursuit of successful negotiations with the power of full engagement. We take our clients’ freedom seriously and litigate passionately to achieve the fair treatment and due process you deserve. Don’t delay any longer. For serious criminal appellate representation, call (954) 833-4090 today!
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