Criminal Defense Lawyers

Grounds for Appealing a Criminal Summons Conviction

Grounds for Appealing a Criminal Summons Conviction

You’ve been convicted of a crime after receiving a criminal summons – now what? Don’t lose hope just yet. There may be grounds for appealing the conviction and getting a new trial or dismissal.As experienced criminal defense attorneys, we know the appeals process inside and out. We’ll explore some common reasons for appealing a criminal summons conviction and what it takes to potentially overturn an unjust ruling.

Errors Made During Trial

One of the biggest grounds for appeal is if errors were made during the trial that violated your constitutional rights or prejudiced the case against you. A few examples:

• Improperly admitted evidence – If evidence was allowed that should have been suppressed (like an illegal search), that could be reversible error.
• Jury issues – Errors in the jury selection process, exposure to outside information, or a lack of impartiality can taint the verdict. This Quora thread discusses jury-related appeal grounds.
• Prosecutorial misconduct – If the prosecutor made improper statements, withheld exculpatory evidence, or otherwise violated rules of conduct, an appeal may be warranted. This article from Findlaw explains prosecutorial misconduct grounds for appeal.
• Insufficient evidence – If there was a total lack of evidence to support a conviction beyond a reasonable doubt, you may have grounds to appeal on that basis. This Avvo answer discusses insufficient evidence appeals.

The bottom line is any legal error that compromised your right to a fair trial could potentially be cited as a reason for appeal.

Ineffective Assistance of Counsel

Getting poor legal representation is one of the most common grounds for criminal appeals. Your lawyer has a constitutional duty to provide effective assistance – if they failed to do so, it could invalidate the conviction.Some examples of ineffective assistance include:

• Failing to properly investigate the case or interview witnesses
• Not raising a viable defense or making appropriate objections
• Having an unresolvable conflict of interest
• Providing advice that induced you to plead guilty improperly

This Reddit thread has a good discussion on what qualifies as ineffective assistance worthy of an appeal.The key is whether your lawyer’s performance was so deficient that it prejudiced your right to a fair trial. It’s not enough that they made some mistakes – the errors have to be significant enough to undermine confidence in the outcome.

Newly Discovered Evidence

Sometimes, new evidence surfaces after a conviction that could have changed the outcome of the trial. If so, you may be able to get a new trial by appealing on those grounds.The requirements are usually:

1. The evidence was truly newly discovered and unavailable at trial despite diligence
2. The evidence is not merely cumulative or impeaching
3. The evidence is material and likely to produce a different result

This article from Lawinfo provides more details on the “newly discovered evidence” grounds for appeal.Some examples could include:

• New DNA evidence excluding the defendant
• A new credible confession from the actual perpetrator
• Evidence that was improperly withheld by the prosecution

The key is that the new evidence has to be significant enough that it would likely change the outcome if presented at a new trial. Minor inconsistencies usually won’t cut it.

Sentencing Errors or Irregularities

Even if the conviction itself was valid, you may still have grounds to appeal based on errors made during the sentencing phase. A few possibilities:

• The sentence exceeded statutory limits or mandatory minimums
• Improper factors were considered like race, religion, etc.
• The judge failed to consider required mitigating factors
• Sentencing enhancements were applied improperly

This Findlaw article discusses some common sentencing errors that can lead to a successful appeal.While sentencing appeals are an uphill battle, they can provide relief in egregious cases where the punishment was truly disproportionate to the crime.

How to File a Criminal Appeal

If you believe you have valid grounds for appealing your conviction or sentence, the first step is filing a timely Notice of Appeal. In most jurisdictions, this has to be done within 30 days of the final judgment.From there, your appellate lawyer will review the trial transcripts and record to identify any legal errors that could warrant a new trial or sentencing hearing. They’ll submit a brief arguing the grounds for appeal to the higher court.The appeals process can take many months as both sides file briefs and prepare for oral arguments. The appellate court will ultimately decide whether to uphold the conviction, order a new trial, or provide some other form of relief.It’s a complex and high-stakes process – which is why having an experienced criminal appeals lawyer is absolutely crucial. They know the technical requirements and legal standards inside and out.At Spodek Law Group, our appellate team has secured reversals and new trials for countless clients across a wide range of criminal cases. We understand what it takes to prevail on appeal and won’t stop fighting until every possible avenue has been exhausted.

The Bottom Line on Appealing Criminal Convictions

While getting a conviction overturned on appeal is never easy, it’s certainly possible with the right legal strategy and representation. Errors are routinely made during criminal trials that can undermine the fundamental fairness of the proceedings.If you or a loved one has been wrongfully convicted, reach out to discuss your options for appeal. Our team will conduct a thorough review to identify any potential grounds and give you an honest assessment of your chances for success.Don’t just accept an unjust conviction – fight back through the appellate process. With perseverance and skilled advocacy, you may be able to secure a new trial or get the charges dismissed entirely.