Success comes from a thorough and laborious review of the trial record and identification of legal principles on which an appeal can be won.
CHICAGO, IL, July 07, 2021 /24-7PressRelease/ —
What is an appeal?
An appeal is a request to a higher (appellate) court to review and change the decision of a lower court.
Post-conviction relief does not come easy – we will carefully examine every aspect of your trial record in the search of potential grounds for an appeal or post-conviction reversal. We understand the rules of appellate procedure and will work hard to help you restore your rights and regain your freedom.
Criminal and civil trials can be complicated – there are rules and procedures that need be followed. In criminal trials, prosecutors will aggressively pursue convictions. During litigation, a judge or jury may miss interpret the law or make an error – if an error occurred, it may be possible to appeal the decision.
The decisions made in civil and criminal trials can have lasting consequences. Being found guilty of a criminal charge can result in a large fine, incarceration and most importantly – the loss of your freedom. An experienced attorney will protect your rights and ensure that the law is followed correctly.
If you have been wrongfully convicted of a crime or feel that justice has not been served in your criminal case, call attorney Robert Kerr for help. Our experienced criminal appeals lawyer will work hard to overturn a previous ruling or jury trial. Speak with our experienced criminal appeal attorney and let us work to help you get the outcome you deserve. We represent clients in federal and state courts.
SOME GROUNDS FOR AN APPEAL
While judges and juries in civil and criminal trials will make their rulings based on the facts of the case, an appellate court will review the trial for legal errors. For an appeal to be successful, the person making the appeal (known as the appellant) must show that an error was made in the trial and that the error affected the case’s outcome.
Some common grounds for appeals include:
• Change of Venue Motion Was Improperly Denied
• Cross Examination Was Improperly Limited
• Defendant Was Improperly Restrained in Front of Jury
• Defendant’s Exclusion from the Courtroom During Parts of the Trial
• Defendant’s Fifth Amendment Right Against Self-Incrimination Was Violated
• Defendant’s Innocence
• Defendant’s Statement or Confession Was Improperly Admitted
• Denied Defense Counsel at Critical Stages of Court Proceedings
• Denied Right of Self Representation
• Denied Your Choice of Attorney
• Failure of Judge to Provide Required Jury Instructions
• Failure to Disclose Exculpatory Evidence by Prosecutor
• Failure to Disclose Relevant Information About a Witness by Prosecutor
• False Arrest
• Faulty Line-Up Was Improperly Admitted
• Improper Admission of Evidence
• Improper Challenge of a Juror Due to Juror’s Race/Gender/etc. by Prosecutor
• Improper Jury Instructions
• Improper or Improperly Filled Out Jury Verdict Form
• Improper Ruling on Expert Testimony
• Improper Shift of the Burden of Proof by the Prosecutor
• Improperly Admitted of Character Evidence
• Improperly Closed Courtroom
• Ineffective assistance of counsel
• Ineffective Counsel
• Judge’s Communications w/ Jury Without Defense Counsel Present
• Judge’s Improper Admission of Confession Following Lack of Miranda Warnings
• Judge’s Improper Ruling on Identification Procedures Motion
• Judge’s Improper Ruling on Sufficiency of Warrant Motion
• Jury Allowed to See Shackles, Handcuffs, or Jail Clothes of Defendant
• Jury Trial Was Improperly Denied
• Lack of Evidence
• Lack of Probable Cause
• Lack of Subject Matter Jurisdiction
• Lack of Sufficient Evidence for a Conviction
• Mental Incompetence
• Overly Broad Statute Defining Offense Is Unconstitutional
• Sentencing Mistake
• Someone Improperly Interfered with Jury Deliberations
• Suppression Motion Was Improperly Denied
• Trial Attorney’s Conflict of Interest
• Undue Prejudiced by Pretrial or Trial Publicity
• Violation of Defendant’s First Amendment Rights
• Violation of Double Jeopardy
• Violation of Right to Speedy Trial
• Violation of the Statute of Limitations
• Witness Was Improperly Excluded
• Prosecutorial Misconduct
• Sentencing Errors
HOW TO WIN AN APPEAL?
Winning your appeal requires experience and knowledge of the criminal appeals process.
A successful appeal requires several steps to be taken as soon as possible, including:
• Review the Case for Errors
• Develop an Argument Based on The Law
• Establish Your Full or Partial Innocence
• Seek Your Release – in some cases, we may be able to argue for your release from prison while your appeal is pending.
If you need help with a criminal appeal or post-conviction result, The Law Office of Robert Kerr, LLC – Chicago criminal defense lawyer can help you restore your rights and regain your freedom. Contact our criminal appeal lawyer today for help!
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