Attorney Jamie Resch is deeply experienced with felony prosecution and defense. As a former prosecutor, he understands the tactics used by the state in these cases. He understands the best ways to counter those tactics as well as the most effective arguments for appealing convictions.
If you or a loved one have been convicted of a felony, this is not the end of the story. If there is new evidence or if the case was prosecuted improperly, this conviction can be appealed. Conviction Solutions has over 20 years of prosecutorial and defense experience. Put that experience to work on your case.
Felony Conviction Appeal Arguments
Appealing a felony conviction is a complex process that involves several potential methods or grounds for appeal. Here’s a list of common methods used to appeal such convictions:
- Ineffective Assistance of Counsel: This occurs when a defendant’s attorney fails to perform competently, and this incompetence affects the outcome of the case. Examples include failing to object to inadmissible evidence, not calling key witnesses, or not presenting crucial evidence.
- Procedural Errors: These are mistakes that occur during the trial process. They might include improper jury instructions, incorrect application of criminal laws, or errors in admitting or excluding evidence.
- Juror Misconduct: This involves inappropriate behavior by a juror, such as discussing the case outside of deliberations, using external information (like news articles or personal research) to influence the verdict, or lying during jury selection.
- Newly Discovered Evidence: This method can be used when new evidence, which was not available at the time of trial, comes to light and could potentially change the outcome of the case.
- Prosecutorial Misconduct: This occurs when the prosecutor acts inappropriately or unethically. Examples include withholding exculpatory evidence, tampering with evidence or witnesses, or making improper statements during trial.
- Sentencing Errors: These are mistakes or legal errors related to the sentencing process, such as imposing a sentence that exceeds the legal maximum or not considering mandatory mitigating factors.
- Violation of Constitutional Rights: This can include a range of violations, such as improper search and seizure, coerced confessions, or not being read one’s Miranda rights.
- Insufficient Evidence: This ground is claimed when the evidence presented during the trial was not strong enough to justify a conviction beyond a reasonable doubt.
- Abuse of Discretion: This refers to a situation where the trial judge made a decision that was not just incorrect, but was arbitrary and unreasonable, affecting the trial’s outcome.
- Plea Bargaining Issues: This involves situations where a defendant may have entered a plea deal without fully understanding the consequences, or if the prosecution did not honor the terms of a plea agreement.
Each of these methods requires a thorough understanding of the law, meticulous preparation, and precise presentation of arguments. Additionally, the rules and procedures for appeals can vary significantly by jurisdiction, so it’s crucial to consult with a legal professional who is well-versed in local laws and appellate procedures.
Contact Conviction Solutions
Attorney Jamie Resch and his team have a deep understanding of the felony appeals process. If you believe a felony conviction was unfair, that the case was not defended fully or that some other evidence was not considered, you need to contact Conviction Solutions.
