People who hope to fight their criminal charges expect a trial to exonerate them. Sadly, many defendants who assert their innocence end up convicted after going to trial.
Defendants may have the option of appealing a conviction in certain qualifying circumstances. For an appeal to be an option, defendants generally need to show that the lower courts made a mistake or that they did not receive appropriate due process. One of the potential grounds for appeal relates to the legal guidance provided by an attorney.
The right to representation is critical
Legal statutes are difficult for a criminal defendant to understand. Reviewing rulings from prior criminal cases can be even more challenging. Defendants rely on their attorneys to advise them of their rights and interpret the law.
When lawyers provide inappropriate advice, miss important meetings or fail to advocate for their clients during court proceedings, they may not have provided adequate counsel. In such cases, the defendant who was convicted may have grounds for an appeal based on insufficient legal representation.
If another attorney can readily identify mistakes or failings on the part of a defense attorney, then the defendant may have grounds for an appeal. Reviewing prior criminal proceedings can be important for those hoping to pursue appeals.
A successful appeal can correct a miscarriage of justice caused by an incompetent or unprofessional lawyer. Discussing a prior trial with the team at Schonbrun Seplow Harris Hoffman & Zeldes, LLP could help defendants assert their appeal rights and pursue justice after receiving inadequate legal support during a trial.