Those who take criminal matters to trial often do so because they expect the courts to exonerate them. Unfortunately, not all defendants receive positive results from a criminal trial. In some cases, appealing the outcome of criminal proceedings becomes necessary after a conviction.
Appeals do not lead to a new trial but instead to a review of the prior determinations made by the courts. Some defendants make the mistake of trying to handle an appeal on their own, only to end up making major mistakes. Others try to appeal with the assistance of an attorney unfamiliar with the process, which may not lead to a positive outcome.
Small mistakes when appealing a criminal case can leave a defendant without many options. The following are among the most common mistakes made when appealing the outcome of a trial.
Misinterpreting the law
Particularly in scenarios where people represent themselves or partner with inexperienced lawyers, there is a possibility that people believe they have grounds for an appeal based on a misunderstanding of the law. They may then submit legal briefs requesting an appeal with no actual legal basis.
Misrepresenting the circumstances
Sometimes, a defendant may try to draw attention to what they view as a miscarriage of justice by exaggerating what happened in court. They may overstate or misrepresent the circumstances, resulting in an unfavorable outcome to the appeals process.
Missing the deadline to file
There are strict timelines that apply to most types of legal proceedings. When a defendant or their attorney waits too long to file an appeal request, they may lose the opportunity to pursue an appeal unless new information raising questions about the transparency and fairness of the trial comes to light.
Focusing on emotional considerations
Particularly in scenarios where defendants try to appeal on their own behalf, they may attempt to leverage the feelings of those in the justice system. For example, they may reference hardship in their formative years or an ailing parent in the hopes of gaining sympathy from those in a position to grant them justice. Unfortunately, the legal system does not run on emotions but rather on truth and statutory standards. Appeals must have a basis in fact and law to succeed.
Having the right support and guidance throughout the appeals process can be as important as having support during the initial criminal trial. Defendants who recognize that errors in the appellate process are a common cause of failure may be more proactive about securing the right support as they attempt to draw attention to what they believe was a miscarriage of justice.