Richland County Appeals Lawyer

If you have been convicted of a state or federal felony or misdemeanor, you may have grounds to overturn that conviction on appeal. A Richland County appeals lawyer may be experienced in thoroughly investigating all pre-trial and trial records, evidence, and testimony to determine and document what errors or other grounds for appeal exist.

Once those grounds are identified, an attorney could conduct research in order to form a solid argument to present to the appeals court. Call today to speak with a distinguished defense lawyer who could review your case and determine whether have grounds to appeal your conviction and sentence in South Carolina.

Filing an Appeal

The rules for appellate court filings are stringent and require extensive legal knowledge, not just in criminal law but also in the appeals process itself. Instructions for filing an appeal are extremely specific, down to citation formatting and even the color paper required for cover pages. There are also stringent filing deadlines which must be met. Failure to follow these regulations can result in the denial of the appeal even being heard.

Common Reasons for Appeal

There are many reasons that an individual might choose to pursue an appeal. Often, these reasons have to do with new evidence that could potentially exonerate the accused, or with improper procedure that has resulted in an unfair trial for the accused. Individuals should read on to learn more about the different circumstances that could make a person eligible for an appeal.

Trial Court Error / Legal Errors

Judges can make mistakes in their rulings, whether it involves evidence introduction or suppression, jury instructions, witness testimony, or any other area of law. These errors can often impact the outcome of the trial and may result in an improper conviction.

New Evidence

A Richland County appeals lawyer cannot offer new evidence as an argument for appeal. However, if evidence was hidden from the defense team during the original trial or new evidence that would have exonerated the individual emerged after trial, that evidence can be used to seek a new trial.

Misconduct

Anyone arrested is entitled to due process under the Constitution. Failure by prosecutors or law enforcement to uphold that due process is a violation of an individual’s rights.

If the police do not adhere to proper search and seizure laws, any evidence collected cannot be used in court. If that evidence is used during the trial, the accused’s rights were violated. The same logic applies if a prosecutor withholds evidence that could prove innocence, or if a juror fails to obey the judge’s instructions.

Harsh or Unfair Sentencing

There are many crimes that carry mandatory minimum sentences. However, there are also many situations where the sentence is up to the trial judge’s discretion.

Whether because of a bias on the judge’s part or a failure to address any presentencing report, a judge may impose an unfair sentence on an individual. In these situations, a Richland County appeals lawyer may be able to get that sentence reduced on appeal if a legal error occurred during sentencing.

Value of a Richland County Appeals Attorney

By retaining the services of a knowledgeable lawyer, you can begin to fight for your rights in court. If you would like to speak with a Richland County appeals lawyer, call today to set up an appointment. An attorney can review the details of your case and tell you what legal options are available to you.