Rectifying mistakes made in your trial
There are some instances where errors in a trial have an unfair influence on the result of your case. In such instances, you may wish to file an appeal. San Antonio criminal appeals lawyer Mr. Burchard works with you to determine your eligibility for an appeal and the likelihood of its success. He meticulously analyzes every detail of your case to ensure you receive thorough representation on appeal. With more than 30 years of legal experience, Mr. Burchard understands how to approach appeals and stops at nothing to achieve a fair result for you.
Appeals are occasionally necessary to ensure justice is done
Generally, anyone convicted in a trial has a right to an appeal. However, it is important to note that appeals only address “errors of law” — you cannot file an appeal just because you disagree with the outcome of your case. Additionally, the appellate court does not reconsider your evidence or take new evidence. Rather, a successful appeal points to things that went wrong during your trial and clearly demonstrates that those errors impacted the decision made by the judge or jury.
When you believe you have grounds for an appeal, do not hesitate to take action. Work with a San Antonio criminal defense law firm when the following situations affected your original case:
- Incompetent legal representation. Everyone charged with a crime has a right to fair, competent representation. Therefore, ineffectiveness by your lawyer could negatively impact your chances of a fair result. When this is the case, you can file an appeal on the grounds of incompetent representation.
- Presentation of improper evidence. Any evidence collected through an invalid warrant or an illegal search or seizure is ineligible for use in court. If you believe that any evidence used against you is invalid, you can appeal to have that evidence discounted.
- Withheld evidence. The prosecution might try to withhold evidence that would damage its case against you and cast some doubt on your guilt. This is certainly grounds for a retrial, as the prosecution must prove your guilt beyond any reasonable doubt.
- Improper sentences. The United States has a variety of sentencing guidelines clearly laid out for judges to abide by in criminal proceedings. If your sentencing is overly harsh or violates these guidelines in any way, you can file an appeal.