If there is a guilty verdict, it is not necessarily over. There is another process that continues. Often, the defense would question certain factors affecting how the jury ended up with their decision, usually questioning how the evidence was handled, how the witnesses’ statements were taken into account, or how the jury’s emotions may have affected their objectivity. For such situations, criminal defense attorneys come prepared with motions to appeal the case.

Appeals are a key part of the post-trial process in any court hearing. By being granted the right to appeal, a defendant gets another chance to prove his or her innocence in front of a higher court of law, although the proceedings for an appealed case differ greatly from how the lower courts handle the case. It is important to remember that getting the chance to appeal does not always equate to an approval. In order to get the case raised to a higher court, the appeal must be made effectively.

Staying Prepared

Appellate courts do not handle a re-trial of the case on appeal, instead focusing on reviewing all the key points related to it before deciding to either uphold or overturn the previous ruling. With this in mind, appellants go into court with an appellate battle plan in advance, taking into account every detail that they believe can affect the final verdict and which they can use should the need for appealing arises. A plus factor for these notes are constitutional claims that the appellant can raise to strengthen their appeal; a valid constitutional claim can sometimes also allow the appellant to make an oral argument before the appellate court, but only on extraordinary circumstances.

It is important that all data compiled in the appellant’s record of the case are reflected in the court records during the legal proceedings. Any contradictions between the compiled record submitted by the appellant and the official data provided by the previous court will weaken any chances of the appeal pushing through, or outright lead to a denial for appeal. Provide a complete and compelling story for the court records that can corroborate with the appeal documents.

Alert for Errors

A vital part of any appeal is the preservation of error, a note on several errors in the court’s instructions to the jury. This is possibly one of the more common reasons for making an appeal in the court case, as the appellants believe the jury to be at fault for most of the hearing and blaming this fault for their conviction. A solid refutation of jury errors with corroborating evidence can go a long way to scoring an overturning of the guilty verdict.

Remember that the court assumes that both parties consent to any erroneous submissions made by the jury prior to reading out the verdict. Neither party can blame the court for failing to provide proper instructions, as the involved parties are the ones responsible for what instructions can be given out during the rest of the trial. Appellants can lose the chance to appeal if they are responsible for an erroneous instruction to the jury in the first place. This is referred to as an invited error and is often grounds for denial of appeal.

Filed To the Letter

Appeals are expected to be costly and lengthy affairs. The appellate court handling the review will take an extended period of time reviewing all the documents related to the court, and will take a separate amount of time deliberating the eventual verdict. The judges tasked with reviewing the appeal are keen on taking every detail into account to ensure that a sound judgment is made.

This serious attention to detail is the main reason why appellate courts have stringent requirements for all documents submitted to them for review. Appellants need to remember that whatever items are listed by the court for their documents must be followed to the letter; otherwise, the court have the right to return these documents for failing to adhere to the stated conditions. This goes for both the information contained in the document and the packaging they are contained in, such as binders or folders that must follow the court’s requirements.

Post-conviction relief can be laborious, especially with all the efforts to score an appeal with a higher court. Nonetheless, the appeal can go a long way to proving a defendant’s innocence if he or she considers the jury verdict to be in error. Working with a veteran appellate attorney with extensive experience in handling trial appeals can also help in securing a more favorable ruling in a higher court.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

I have heard it said that on any given Saturday night, over half of the people on the road are driving legally impaired. It is probably just a matter of luck who gets caught. However, the fact that a lot of people take this incredible risk does not make it any less a bad choice for you. We need to make a plan for the evening before we take that first drink, because for a lot of people, the best decisions are not made after we start. Part of the process for making that plan involves being aware of the incredible cost of getting a DUI.

We are aware of this because it is in the papers, on the TV news, and on the internet. The legislatures are making DWI punishments much more severe by making certain crimes a felony instead of a misdemeanor such as Leandra’a Law which makes it a felony in New York to drive drunk with a minor in the car.

Judges are requiring people with DWI convictions to install ignition interlock devices which cost around $1,200 on average. Fines have increased and offenders are required to pay for Drunk Driver programs. The cost of car insurance is very high for anyone with a DWI conviction. You can lose your license for many years for a second or third conviction which often means the loss of your job or career.

You can lose your license to qualify for your job, government benefits, housing, or school benefits and scholorships if you are convicted of a crime. You can lose your Section 8 housing or find it hard to get a loan or an apartment with a DWI or any criminal conviction.

A DWI conviction can make it very difficult to get a good job or to become a professional, get bonded, or obtain a license for a number of things. It can hurt your reputation and the reputation of your family.

If you get into an accident while you are over the limit or even below .08 BAC you can get sued for money damages that are not covered by your insurance policy. Most insurance policies only cover $50,000 or $100,000 per person and the judgement could be in the millions for serious or multiple injuries.

You can end up in a wheelchair, crippled, blind, maimed, or lose an arm or a leg in a car accident and suffer for the rest of your life for one mistake. If you think driving home after having a six pack is not big deal you should talk to people who have lost a child or been sentenced to prison for driving drunk. They have to live with the fact that they killed a child, maybe even their own child with their negligent and selfish act.

It is quite simple to avoid getting a DWI. All you have to do is limit your drinking to one or two drinks whether it is wine, beer, or shots. The average person has to drink three or four drinks in a four hour period to be over a .02 BAC which is the lowest BAC that a police officer can charge you with. You can be charged with a DWAI, Driving While Impaired, with a .02 BAC or more and some people will get to that with just three drinks.

You can take a taxi, get a ride from a sober friend, or use a service called Designated Driver which drives you anywhere you want to go in your own car for about the same price as a taxi. This way you don’t have to leave your car at the bar or wherever you are and you can get to work the next day.

The cost of an attorney for a DWI case varies greatly depending on the severity of the offense, the lawyer you retain, the city you live in, as well as whether you plead guilty or go to trial. The average cost of a DWI plea is $2,000 and a trial could be as much as $5,000 to $10,000.

If you get a second or third offense you could be looking at 1-3 years in prison and thousands in fines. With all of these costs it is hard to imagine that thousands of people still drive drunk every day.

Most people leaving a bar are over the limit and the police are parked outside the popular watering holes just waiting for you to drive by. There are DWI roadblocks, radar traps, and police officers and State Troopers at toll booths and borders looking for drunk drivers as well as those who are driving on a revoked or suspended license.

Most of the people who are arrested for DWI are either alcoholics, young people, or drivers who get stopped for a traffic violation. Older people almost never get a DWI and you rarely see professionals and highly educated people getting arrested for DWI or any crime as they are too smart to do something that foolish and dangerous. DWI is simply a foolish crime that no one with any common sense would ever commit, especially since it can be avoided for a $25 taxi fare.

If you get a DWI do not talk to the police or admit that you were drinking. Call the Law office of Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.