Metairie Criminal Appeal Lawyer
The state courts in Louisiana are usually fair and just when trying criminal cases. Still, this does not mean that mistakes are never made. Judges sometimes make an error when applying the law to a certain case, and juries are also human beings who have been known to be swayed more by emotion than the facts of a case. In these instances, appealing a wrongful conviction may be necessary. Criminal appeals are largely misunderstood, as they do not grant the right for a new trial. Below, our Metairie criminal appeal lawyer explains more about this process.
What is a Criminal Appeal?
During a criminal appeal, a defendant can try to overturn their conviction when a legal error was made in the case. Unlike a criminal trial, appeals are reviewed by a panel of judges in the same jurisdiction where the case was originally heard. The appeal process will focus on what happened at the trial and the legal facts itself. New evidence is not presented. Instead, the appellate judges will determine if a mistake was made and if so, take further action. If the panel of judges determines no mistake was made, the original ruling will stand.
Many people think that if the Court of Appeal rejects their appeal, the case is over and they will have to serve whatever sentence was levied during the original trial. Fortunately, that is not the case. If you are unsuccessful with your Court of Appeal case, you can take the case to the Louisiana Supreme Court. Still, it is important to note that the Supreme Court chooses which cases it hears, which means there is no guarantee that your case will be heard.
Common Reasons for Criminal Appeals
Again, you cannot appeal your case simply because you are unhappy with the result or feel as though you were treated unfairly. To successfully appeal a case, there must have been a legal mistake made during the trial. Some of the most common reasons for criminal appeals include:
- The judge applied the wrong law or legal standard to the case
- The evidence and facts of a case do not support the outcome
- A judge abused their power of discretion
- There are issues with evidence, such as allowing evidence that was inadmissible
- Ineffective counsel
If your original case did not follow proper legal guidelines, it is important to appeal the outcome. Although the appeals process can be a long one, it is worthwhile to make sure you obtain the justice you deserve.
Our Criminal Appeal Lawyer in Metairie Can Help with Your Case
At Palazzo Law Firm, our Metairie criminal appeal lawyer always ensures our clients are well represented and that they are treated fairly at all times. We will work with you every step of the way from hearings, motions, trials, and appeals so you have the best chance of obtaining the favorable outcome you deserve. Call us now at 504-433-1442 or connect with us online to schedule a free consultation and to learn more about how we can help.
