There are many people who are unfamiliar with how the court system works. Many people believe that being found guilty in a criminal case or being held liable in a civil case is where the wheels of justice come to an end. Although a defendant may feel that this is the end of their case they always have the option to go on through an appeals process which may in fact enable them to win their case. The appeals process offers the defendant the hope of being able to have a negative court decision reversed.
Although the appeals process does afford hope, one should not be fooled into thinking the process is an easy one. The appeals process can be long and drawn out and at time can takes months before the court comes to a new decision. Merely filing an appeal does not automatically mean that an individual will find it easy to have the court decision reversed. It is imperative that the defendant shows the court in the appeals process that the initial decision was incorrect or flawed in some way. This can be done by proving that the previous decision was made in error, or by bringing to light new evidence that was not offered in the initial trial.
There are many examples of how an appeal can work in the favor of the defendant. The following is one example of how the appeals process may be used to render a new and more accurate judgment. If in the initial trial a judge ruled that a police officer had just cause to conduct a search, even though the officer did not have a search warrant, in the filing of appeals it can be argued that the lack of the search warrant was illegal. If it can be proven that the search warrant was illegally performed and that the evidence seized was not viable then the defendant may ask that evidence to be thrown out. If the evidence was obtained illegally then the previous conviction may be overturned and the defendant may go free.
If you have been convicted of a crime in the past, and you are facing your sentence, you do not have to throw up your hands in despair. There is hope of getting your sentence reduced or totally having your case thrown out if you follow through with appeals. Going through the appeals process is not always easy so it is important that you have proper legal counsel to help you along the way. With a knowledgeable lawyer who is familiar with appeals cases you may be able to regain your freedom.