If you’ve been accused of a drug crime and are trying to get your life back on track, you may wonder what options you have. There are many reasons someone might choose to appeal a drug conviction, and we will explore some of the most common reasons. From new evidence to mistakes made during the original trial, you need to know how to make the right decision for your case.
Top 3 Reasons to Appeal a Drug Conviction
There are many reasons to appeal the conviction. A drug conviction can result in a criminal record, loss of job opportunities, and possible deportation. Here are reasons to appeal a drug conviction:
1. Conviction goes against the evidence
Several steps can be taken to challenge your conviction. You should contact an attorney to discuss your options and review the evidence used to prove your guilt. You may also be able to challenge the validity of your conviction in court.
If the evidence doesn’t support your charges or you’re unsure whether you were wrongfully convicted, we can have your case re-examined by our attorneys. In some cases, we can prove that your rights were violated during the trial and have a successful appeal.
2. Incorrect use of law
If you were charged with a felony drug offense, the potential consequences could be severe. A felony conviction can lead to a loss of voting rights, restrictions on your ability to find employment, and a criminal record that could make it difficult for you to get housing or loans.
Suppose the evidence against you was gained through unlawful methods. For example, you could prove that police illegally searched your residence or seized evidence without a warrant if the police conducted an illegal search or seizure and obtained evidence. That might invalidate the entire case against you.
If you believe there was false evidence used in your trial or improper procedures followed during your prosecution, there are steps you can take to advance your case.
3. Critical mistakes made by your legal team
- If you have been convicted of a drug offense, it is important to choose an experienced lawyer. An unqualified lawyer may not be able to provide the level of legal support that you need to appeal your conviction successfully.
- If your lawyer cannot properly argue your case on your behalf if they fail to investigate your case correctly and don’t have access to needed information. Your legal team will need information about the details of your case to provide effective representation.
Making decisions quickly can often lead to errors in judgment. If you are appealing a drug conviction, take the time necessary to ensure that your evidence is considered and evaluated carefully.
How to Appeal a Drug Crimes Conviction
Appealing for a Drug Crimes Conviction is not as difficult as many believe. People believe it to be more difficult because they do not understand the court process. Appealing a Drug Crimes conviction should only take a few hours and not cost you anything. There are three steps in appealing a Drug Crimes conviction: attending the hearing and presenting evidence.
1. Filing the motion: this can be done online or in person at the courthouse. The motion must include information such as the date of arrest, charge, and plea agreement. It is also important to include any relevant evidence that may support your appeal.
2. Attending the hearing: If you want to attend the hearing, you must contact the court clerk and make arrangements. The hearing will usually take place within ten days of the motion being filed but can vary depending on the circumstances of your case.
3. Presenting evidence: The last step in appealing a Drug Crimes conviction is presenting evidence. This can include anything that may help your cases, such as witness testimony or documents.
Process of Appeal
There are a few reasons to appeal a drug conviction. Depending on the reason, the process of appealing may vary.
If you’re appealing because you think you didn’t get a fair trial, there are a few things you need to know.
Step 1: You’ll need to file a written request for a new trial with the court.
Step 2: You’ll need to provide detailed evidence explaining why the trial was unfair.
Step 3: You’ll need to show that there is a reasonable chance of success on appeal.
If you’ve been sentenced, there’s still hope for your release. You may petition the court for early release based on good behavior or because of medical conditions. If parole is denied, you can always file an appeal and hope for a different outcome.
Are you eligible to appeal?
You are not automatically eligible to appeal a felony conviction. If you were convicted, there might be grounds to appeal the drug conviction. Several factors can influence whether or not you have a good chance of success in an appeal. To find out if you are eligible, consult an experienced criminal defense attorney.
You will be eligible to appeal your conviction if:
- You have been convicted of a crime in which the punishment includes at least one year in prison.
- You cannot appeal your conviction if it has already been pardoned or overturned by another court. if
- You are appealing because you think the sentence was unfairly lenient. In guilty plea cases especially, it is very much possible to request a reduced sentence.
Result of Appeal
Based on the nature of the appeal, there are many possible results of an appeal. Many factors go into whether or not to appeal, including the strength of the evidence against you and your criminal history.
Depending on the case, an appeal can result in a reduced sentence, a new trial or even the dismissal of your conviction entirely.
While it can always happen, winning your appeal isn’t necessarily guaranteed. Most of the time, winning your appeal will re-adjust the case with the error corrected, resulting in a much better outcome for you.
Drug convictions can have serious consequences for the individual convicted and their families. If you haven’t been able to appeal your case, the conviction will be upheld. But don’t worry! You don’t have to settle with the sentence you’ve been given, either! While that may not work in your favor, it is possible to review your case and appeal it if you feel like the sentence doesn’t fit what you did. Just get in touch with your attorney before pursuing that option.
If you’re convicted of a drug offense and need more information or help to appeal your case, contact Conviction Solutions, Las Vegas, at 702-483-7360 today.