When it comes to reversing your conviction, it might not be easy as it sounds on paper. Courts will rarely overturn what has been decided by the lower court, but this does not mean it is an impossible process that you never see. Sometimes, errors take place that can cause harm and make your trial unfair. Resentencing might become an option, which means that reversing your conviction is closer than you once thought.
Appeals and Writs
When it comes to reversing your conviction, appeals and writs become necessary. You, noted as a convicted defendant under the law, always have the right to challenge a verdict of a case if you believe that mistakes were made during the process. These are called ‘appeals and writs’ and become prevalent in a variety of cases each year.
Appeals: If there were errors in the way your case has been handled and you have spoken to your attorney about this, you have the right to file an appeal. However, you must have a convincing argument that there were serious mistakes made. Prosecutor must be able to reach a guilty verdict and, if they cannot, there is no way that you can be convicted for the crime.
Writs: You might also be able to file a writ, which is an order from the higher court that directs the lower court to take action. Though they are rare, they are seen in extraordinary circumstances. For instance, what if there was a defense that you could have brought but your attorney failed to do so? A writ could change the course of your case and you might have a second chance.
Reversing your conviction is never an easy thing to do, but you have options. At the Law Office of Peter Blair, we want to help in your time of need. The odds might seem stacked against you but you have a chance. Call us for more information.
