Every American citizen has the right to a speedy and fair trial by an impartial jury of the state. Unfortunately, that's not always reality.
In fact, California courts saw a total of 16,012 appeals in 2017. If you don't think you got the trial you deserved or are nervous about what will happen in court, read on to learn more about which situations constitute an appeal.
1. Legal Malpractice
Legal malpractice refers to a situation in which a lawyer was either malicious, negligent or incompetent while handling your case. A few examples could include a lawyer who:
- Had a lack of communication with you
- Conducted an improper investigation
- Miscomprehended the law
- Had a conflict of interest
An appeal may entitle you to a new trial with a lawyer who is committed to the code of ethics. Further, you may choose to take legal action against your previous lawyer for mistreating your case.
2. Mismanagement of Evidence
If evidence that was crucial to your case was tampered with or went missing, you may be able to appeal the verdict you received for the crime. For example, if someone is convicted for drug possession and the drugs collected as evidence go missing, the accused may be entitled to an appeal.
3. Evidence Was Invalid
There are a couple of ways that evidence could be deemed invalid. One way is if it was obtained illegally. This might happen in cases where officers search property or a person without a warrant or if the evidence is planted at the scene.
Another way evidence may be invalid is if the evidence is not what it appears to be. A recent case found that a police officer falsely arrested at least three individuals for drug possession when, in fact, the evidence the defendants possessed was headache powder, sand, and powdered laundry detergent.
4. Arrest Was Invalid
False arrests occur when an officer does not have reasonable suspicion to question the defendant or if the arrest itself is not conducted properly. An example of not following the correct arrest procedure could include if an officer engages in undue violence or otherwise violates the defendant's rights.
Avoid an Appeal
The best way to avoid needing to appeal a verdict is to get the best outcome in the first place. The Law Offices of Jacqueline Goodman are dedicated to tackling tough criminal defense cases.
With over 20 years of experience and a track record that proves her commitment, you can depend on Ms. Goodman to help get you the best outcome for your case.
