07 Jan Convicts have legal right to appeals process

On behalf of Jack B. Rubin, PA posted in Criminal Appeals on Wednesday, January 7, 2015.

After a verdict has been handed down by a trial court, it may still be possible for the involved parties to seek to overturn the decision through an appeal. Appeals proceedings are typically based on errors that occurred at trial. Those who are charged with certain crimes in Maryland may benefit from a general understanding of the types of errors that could lead to an appeal.

One type of error is a serious error of law. This is also called a plain error and involves a mistake that affects a defendant’s substantial rights. Even if this error was discovered during proceedings, it may not be immediately brought to the attention of the judge hearing the case at the trial level. Another error involves the weight of evidence. One might be able to argue that the evidence was not enough to support the verdict. Both of these errors may be grounds to seek an appeal.

There is a third type of error that might occur in a trial but may not be cited as grounds for an appeal. These harmless errors are those that do not have any substantial effect on the result of the trial. In order for the error to be the foundation of an appeal, it must be show to affect the defendant’s substantial rights.

In addition to the taking time to understand the complexities involved in litigating a case through trial, a firm understanding of the appeals process may also provide some benefit to a person who is facing criminal charges. A criminal defense lawyer could provide some assistance to a client facing such allegations at all levels of the process.

Source: Findlaw, “The Basis for a Criminal Appeal,” accessed on Jan. 5, 2015