30 Jan Conviction reversals in Maryland

On behalf of Jack B. Rubin, PA posted in Criminal Appeals on Friday, January 30, 2015.

When a Maryland resident is facing a conviction, they may also be facing serious penalties that could potentially include a jail sentence depending on the crime. If a person is convicted, there is always the chance that they could appeal the outcome though the process can be time-consuming and costly.

There are certain times that an appellate court may overturn a guilty verdict; however, it should be noted that these cases are incredibly rare. For example, if the trial court made an error that significantly contributed to the outcome of the case, the verdict may be overturned. Because “perfect trials” are never guaranteed, not all errors will lead to a reversal of a conviction. If the trial court made small errors that did not contribute to the outcome of the verdict, the verdict will most likely stand. In the past, convictions have also been reversed due to the change in the applicable law, such as in the case of Bell v. Maryland.

An appellate court may also send a case back for re-sentencing if the trial judge imposes an inappropriate sentence. For example, if a trial judge sentences a convicted person to a certain amount of jail time but the maximum prison sentence was less than what was ordered, the appellate court may intervene and send the case back.

When appealing a conviction, an attorney representing the accused may find evidence that the trial court made errors that were egregious enough to be considered harmful. What errors are considered harmful may depend on the specific case; however, these errors may include a coerced confession or illegal tactics used by the police or prosecutors during the case. If an attorney successfully demonstrates that the trial court made harmful errors that directly contributed to the outcome of the case, the conviction could potentially be reversed or the case may be sent back for retrial.