The criminal system is generally there to provide persons charged with a crime a chance to defend themselves against allegations in the right legal venue, which is the court. Convictions are mainly based on evidence, testimony, and the way the judge and/or jury perceive guilt and innocence. When a trial is concluded, a verdict – guilty or not guilty – is meted out and the case is closed. However, when the recipient of a guilty verdict is adamant about being mistakenly convicted of the crime, he or she may go the distance and seek High Court appeal.
In spite of an original conviction, a person is allowed to plead his or her innocence further. There’s definitely need for a lawyer who is highly capable and knowledgeable in the process of proving that a case is not yet resolved, consequently keeping it open. In the state of Victoria, those who would like to appeal a court decision are advised to specifically approach appeal lawyers from leading criminal law firms such as Doogue O’Brien George.
Appealing a conviction is a whole other ball game, and it is crucial that the feat be placed in the capable hands of criminal defense lawyers who are experts on the distinct set of rules in an appeals court. Appeal lawyers are very much aware that the Court of Appeal in Victoria only entertains appeals that challenge the legal principles involved in the original verdict. People mistakenly assume that it’s a retrial, but it’s actually an entirely different hearing on legal issues.
The Court of Appeal studies if there is merit to the argument that there were errors in the logic and presentation of the appealed case committed in the lower court. Such concerns may relate to fundamental errors in the main argument of the case, harmful errors which may lead to the appeals court opposing the outcome, harmless errors which would not affect the outcome at all, and reversible errors which involve mistakes that the appeals court would correct to adjust the outcome.
The appellate court will listen to the argument of the appeal lawyer and then decided whether to uphold the original ruling, overturn a guilty verdict with an acquittal, or return the case to be heard further in the lower court. The entire process involves a whole other set of legalities and appeal lawyers will do what they can to ensure that their client is not erroneously convicted of a crime. If their client happens to be guilty, they will then fight to make sure that the punishment is not excessive of the limits set for the crime.
About The Author :
Calvin John Mcphee is an educational consultant with passion for writing. He does research and writes about various topics concerning education, law, and a lot more. He follows websites like http://www.doogueobrien.com.au to keep him updated and shares his knowledge through writing.