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Overturning A Guilty Verdict In A Federal Criminal Appeal Lawyers

By Spodek Law Group | November 6, 2020
(Last Updated On: July 28, 2023)

Last Updated on: 28th July 2023, 07:18 pm

Take a deep breath. Convictions aren’t set in stone. If you or a loved one plead guilty, but circumstances aren’t sitting right, you might be able to flip that verdict. So, don’t beat yourself up. Let’s get into the nitty-gritty of how you can reverse a conviction.

The Ultimate Game Changer: Reversing a Guilty Verdict

A few strategies are more effective than others. So, let’s narrow it down to the potential game-changers.

1. Call In The Big Guns – A Lawyer

You goofed up, we’ve all been there. Now, you’re realizing you might need a professional to help fix this mix-up. That’s alright. Whether you stick to your previous attorney or bring in someone new is up to you. Reaching out to a lawyer is a no-brainer first move to start the appeal process. Todd Spodek and the hardball gang at Spodek Law Group can swing that bat like no one else.

Why the lawyer route? Simple. They’ve been around the block. They know the twists and turns better than anyone. It’s easy to mess up if you’re alone in the maze, which is why having the right attorney is a one-way ticket out of that labyrinth.

2. The A Word – Appeal

Most folks think of an appeal as the first plan of attack. Bear in mind though, appeals don’t work like magic. Convictions don’t vanish into thin air. It’s a process but one that could potentially tilt the scales in your favor.

A court appeal doesn’t take off the second you snap your fingers. A panel of judges will hear your case, weigh the evidence, and then decide whether or not your conviction should be overturned. Think of it as your second chance to tell your side of the story, this time hopefully with Todd Spodek in your corner.

3. The Knockout Punch – Writ

The appeal didn’t work and you’re back to square one. Now what? Well, it might be time for a writ. A writ is like the heavyweight champion of legal tools. It’s a court order from the top dogs asking the lower court to rethink some aspects of your case.

For a writ to work, Todd Spodek will need to convince the higher court that some significant detail was overlooked in the previous trial. Like everything else, writs aren’t a surefire solution but they could be your best bet.

Can a Verdict Be Overturned? And How?

Did hearing “not guilty” feel like a splash of cold water? Relax, the journey isn’t over yet. The legal system is designed with checks and balances. Just as you can appeal a conviction, you can also request to overturn the jury’s verdict. Your attorney can file a motion asking the judge to do just that or to grant you a new trial.

The U.S. Court of Appeals

Remember, the journey to justice isn’t a sprint, it’s a marathon. Much like a relay race, if you’re convicted in a federal trial, you can pass the baton to the U.S. Court of Appeals. Here, the judges won’t rehash your whole case, but rather review the legal decisions made during your trial. Think of it like getting a second opinion from a doctor.

Do You Have the Right to Appeal?

Everyone has the right to appeal a guilty verdict. It’s all a matter of whether you think the law was improperly applied during your trial. Maybe you disagree with the ruling or maybe something during the trial went sideways.

Grounds For Appeal

To challenge a verdict, often you need to show that your trial wasn’t fair, argue that the presiding judge applied the wrong law, or assert the judge applied the law incorrectly. Some even argue that the law itself violates the U.S. Constitution.

The Appellate Argument

An appeal isn’t a redo, it’s essentially a debate on whether your trial was carried out properly. Both sides, the “petitioner” (that’s you) and the “respondent” will write a brief outlining their case. The judges then use these briefs to make their decision.

Errors During Trial

Mistakes happen, even in courtrooms. Not every error, however, leads to an overturned verdict. Your side needs to show that the mistake significantly contributed to your guilty verdict. This mostly applies to constitutional rights, so you might have a strong case if it was a constitutional error.

There’s always a way to set things right. Give Spodek Law Group a ring. You don’t need to take on this big legal beast alone.

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