Criminal Defense Lawyers

What is the likelihood of a conviction being overturned?

Hey there! If you’re reading this, you’re probably wondering about the likelihood of getting a conviction overturned. I totally get it – having a conviction on your record can really mess things up. Let’s walk through this together and see if we can get you some answers.

First off, I want to acknowledge that this is a stressful situation. A conviction can limit your job opportunities, your ability to find housing, and even your personal relationships. I can imagine you feel anxious, angry, and just plain overwhelmed. It’s a lot to deal with. But you’re doing your research and trying to understand your options, which is awesome. There’s hope here.

Now, when it comes to overturning convictions, there’s no simple yes or no. It really depends on the specifics of your case – the crime you were convicted of, the evidence against you, the competence of your legal counsel, and so on.

What are the most common reasons convictions get overturned?

Let’s start with the main ways people are able to get their convictions tossed out:

• New evidence comes to light that shows the defendant is innocent or creates reasonable doubt about their guilt.
• There were significant errors made during the trial – by the judge, prosecutors, or defense attorneys – that affected the outcome.
• The defendant’s constitutional rights were violated in some way during the arrest, investigation, or trial.
• The conviction was based on invalid or improper evidence that should not have been allowed in court.
• Key witnesses recant or change their testimony in major ways.

Those are the broad categories. Now let’s dig into specifics…

New Evidence

If new evidence surfaces that makes it clear the wrong person was convicted, that can be grounds for overturning the conviction. For example, DNA evidence can sometimes exonerate the defendant years later by proving someone else committed the crime. New eyewitnesses coming forward, recanted testimony, or other discoveries can also qualify as new evidence.

But it’s not enough for the evidence to just raise some questions – it has to actively undermine the original guilty verdict. So this route depends a lot on how strong the new proof is.

Significant Trial Errors

Mistakes happen, and sometimes they’re bad enough to change the outcome. If your lawyer was incompetent, the judge was unfair, or prosecutors hid evidence, those could be reasons for appeal. Specific examples include:

• – Ineffective assistance of counsel (your lawyer screwed up)
• – Prosecutorial misconduct (prosecution did something shady or illegal)
• – Judicial bias (the judge was unfairly against you)
• – Jury problems (jury tampering, racism, etc.)

But it can’t just be any minor error – it has to be something that likely impacted the verdict. The bar is pretty high here.

Violations of Rights

If police or prosecutors violated your constitutional rights, that can also invalidate a conviction. Things like:

• – Illegal search and seizure
• – Self-incrimination violations
• – Withholding access to an attorney
• – Discrimination in jury selection

Again though, the violations have to be clear and substantial. Small technicalities usually won’t cut it.

Invalid Evidence

If prosecutors relied on evidence that should have been excluded from your trial, that may provide grounds for appeal. This includes things like:

• – Hearsay
• – Improperly obtained confessions
• – Evidence from unconstitutional searches

So if a key piece of evidence violates the rules of evidence, it can remove a pillar upholding your conviction.

Changed Testimony

If the main witnesses against you recant or change their stories, it can undermine the prosecution’s case. For example, if they admit to lying under oath or say police pressured them into testifying. The credibility of the state’s evidence is weakened.

However, courts tend to be skeptical of “turned witnesses” and it may not be enough to alter the verdict on its own.

What are the odds of success?

Okay, now for the big question – what are the actual odds of getting a conviction overturned? Unfortunately, there’s no one-size-fits-all answer. It depends on the case specifics. But in general, the chances are not great.

One study found that only around 4-5% of state convictions end up getting overturned. Federal cases have a higher rate at around 11-15%, but that’s still fairly low. Appeals are a long shot.

Cases with solid new DNA evidence prove innocence about 15-20% of the time. But less than 10% of cases have testable DNA available. Most appeals rely on procedural issues, which are much harder to win.

There are a lot of hurdles. You have to show substantial legal errors were made or present compelling evidence. Minor technicalities usually won’t fly. And courts tend to give deference to the original verdict. It’s an uphill battle.

How does the appeals process work?

If you do want to try appealing your conviction, here are the basics of how it works:

1. File a Notice of Appeal within 30 days of the conviction.
2. Obtain trial transcripts and court documents.
3. Research appealable legal issues in the case.
4. Write and file an Appeals Brief detailing the legal arguments.
5. The state writes an opposition brief responding to your claims.
6. Oral arguments may be heard by an Appeals Court panel.
7. Judges decide whether to overturn the conviction or uphold it.

This process can take anywhere from a year to several years depending on the courts. Most appeals fail at the first Appeals Court level, but cases can sometimes be escalated up through the court system.

What should you do?

Here are some tips if you’re thinking about appealing your conviction:

• Talk to a criminal appeals lawyer to understand your options.
• Be realistic – overturning convictions is very challenging.
• Focus appeals on significant legal errors or strong new evidence.
• Stick to deadlines and court procedures.
• Manage expectations, but don’t give up hope.

And remember – you’re not alone in this fight. There are organizations like the Innocence Project and pro bono legal groups who may be able to help. Reach out and see what support exists.

I know this is a lot of information to process. The appeals system is complicated and daunting. But you’re doing the right thing by educating yourself. Hopefully this gives you a better sense of the realistic chances and process involved. Wishing you the very best as you move forward.

You’ve got this!

References

Race and Wrongful Convictions in the United States
DNA Exonerations in the United States
Innocence Project