At Lotze Mosley, LLP, our criminal defense attorneys in Washington D.C. and Maryland know that when someone is convicted by a judge or jury for a crime, he or she may have the right to appeal the decision — as long as they have adequate grounds for an appeal.
It is not enough to be unhappy with the outcome, as most people are once they have been convicted of a crime, especially if they are facing a lengthy prison sentence.
Appeals must be based on errors that were made throughout the legal proceedings.
What are the Common Reasons a Defendant May Have Grounds for an Appeal?
There are many legal reasons why a defendant may have grounds for an appeal after being convicted at trial.
They can include:
- The prosecution withheld exculpatory evidence
- The court admitted evidence that should have been excluded
- The court excluded evidence that should have been admitted
- Juror misconduct
- The court gave incorrect or confusing instructions to the jury
- The defendant’s constitutional rights were violated
- Defense counsel failed to effectively represent the defendant
- Sentencing error
Appealing a conviction becomes increasingly more complicated after a defendant pleads guilty to a crime unless there were reasonable constitutional, jurisdictional, or other grounds that interrupted the legality of the proceedings, which may include:
- Search and seizure violations
- Denial of effective defense counsel
- An induced plea
- An unlawful sentence
In addition to the grounds for appeal, the defense must be able to prove that if the error giving rise to the appeal had not been made, a different outcome whether it was the verdict or sentencing would have been likely, which is referred to as prejudice.
If you suspect that something may have been legally amiss at your initial trial, contact our skilled criminal defense attorneys to discuss the complex appeal process, so you understand each of your rights and whether you have grounds for an appeal.
Contact Our Criminal Defense Attorneys in Maryland and Washington D.C. Today
Contact our experienced criminal defense attorneys in Washington D.C. and Maryland at Lotze Mosley, LLP to determine the best course of action for your unique case by calling 202-393-0535 today.