Uploaded on Jul 2, 2024
Our firm is a small group of dedicated professionals committed to giving you a second chance after conviction. We limit our practice to Appeals and Complex Criminal Trials. When your criminal defence fails the first time, our lawyers can leverage their collective appellate experience to get you a second chance.
Appeal in Criminal Cases
Appeal in Criminal Cases Appeal lawyer Introduction to Criminal Appeals •Definition of a criminal appeal •Purpose of filing an appeal •Differences between trial and appeal •Trial: Determination of guilt or innocence •Appeal: Review of legal errors in trial Common Grounds for Criminal Appeals •Legal errors Misinterpretation of the law Incorrect jury instructions •Procedural errors Improper admission/exclusion of evidence Lack of sufficient evidence •Constitutional violations Ineffective assistance of counsel Violation of rights (e.g., Fourth Amendment) Steps in the Criminal Appeal Process • Filing the notice of appeal • Preparing the appellate brief • Oral arguments • Decision by the appellate court • Possible outcomes • Affirmation of conviction • Reversal of conviction • Remand for a new trial Role of a Criminal Defense Attorney •Advocates for the defendant's rights •Analyzes trial records for errors •Prepares and submits the appellate brief •Presents oral arguments •Negotiates possible plea deals during appeals Skills and Expertise of a Criminal Defense Attorney •In-depth knowledge of criminal law and appellate procedures •Strong research and writing skills •Persuasive oral advocacy •Critical thinking and analytical skills •Ability to identify and articulate legal errors Challenges Faced by Criminal Defense Attorneys •Limited time frames for filing appeals •High standards of review (harmless error vs. reversible error) •Overcoming trial court's deference •Balancing multiple cases and workloads Case Study: Successful Appeal • Brief overview of a landmark case • Legal errors identified • Role of the defense attorney • Outcome and its implications Questions & Discussion •Invite questions from the audience •Encourage discussion on topics covered Conclusion •Recap of the importance of criminal appeals •The critical role of a criminal defense attorney •The impact of appeals on the justice system (403) 262-1110 [email protected] https://appeallawyer.ca/ https://www.facebook.com/SitarMilczarek https://x.com/YYCDefence https://www.linkedin.com/company/sitar-and-milczarek/
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