28 May In Maryland, appealing a conviction a fundamental right for many

On behalf of Jack B. Rubin, PA posted in Criminal Appeals on Tuesday, May 28, 2013.

In the American justice system, those who have been convicted of criminal allegations are given the opportunity to appeal their convictions. Appealing a conviction is considered a fundamental right in both Maryland and across the nation. This fact is based upon the premise that an individual went through a trial, rather than negotiating a plea deal with authorities. Recently, a 21-year-old man who was convicted of burglary in the fourth degree chose to appeal his case, which will move on to the Maryland Court of Special Appeals to consider.

The man had been accused of forcing his way into a building housing the power source on a chicken farm. That power source apparently supplied energy to multiple chickenhouses on the farm. Authorities accused the man of burglary, maliciously destroying more than $500 worth of property and animal cruelty. The last two charges likely related to the fact that more than 33,000 chickens died after the power was turned off at the farm. Ultimately, the jury found the man not guilty on those particular counts.

The point that the man seeks to raise in his appeal is the fact that restitution was ordered to be paid in his case. He argues that the restitution relates not to the burglary charge, but to the two charges which he was actually acquitted of committing. For this reason, the man maintains that requiring him to pay restitution in the case is actually unjust and should not be allowed.

Maryland residents who find themselves convicted of a crime may be relieved to learn that appealing a conviction is usually possible, unless a person gave up the right to appeal in a plea agreement. While going through a conviction may seem like a disheartening process for many, criminal appeals exist to help prevent a miscarriage of justice. Preparing a strong appeal typically requires a strong understanding of relevant state law and the ability to formulate a compelling legal argument.

Source: Delawareonline.com, “Delmar man’s conviction in chickenhouse burglary appealed,” May 16, 2013