866-489-5504
Sindel Noble
314-499-1282

Providing Legal Help When You Need It Most

Can you get an appeal for any error?

Your case was decided and a ruling was made, but you think some errors were also made. On those grounds, you're thinking of asking for an appeal. Can you get one, no matter what the error was?

You cannot. The court won't overturn a judgement and grant you an appeal for anything that is deemed a "harmless error." Generally speaking, this is one that is not thought to significantly impact your rights or the case itself.

Therefore, don't latch onto any minor mistake as the key to your appeal. If it looks like the same outcome would have obviously been reached even without that mistake, you may not get another chance.

That being said, errors are a reason for an appeal, if they're serious enough. The four main reasons that appeals are granted are as follows:

1. The verdict is not supported by the evidence.

2. A clear and serious legal error was made so that the law was not upheld.

3. You claim, under the Sixth Amendment, that you had Ineffective Assistance of Counsel.

4. It's clear that the court made an errant ruling and "abused its discretion."

You do have the right to a fair trial. The law does need to be followed. If mistakes led to an unfair conviction, an appeal may be the next logical step to ensure that you're not sentenced unfairly. Mistakes could include issues with evidence, procedural errors, or mistakes made when applying the law to your case.

If you believe that this has happened and it was not just a harmless error, be sure you know what next steps to take.

Source: FindLaw, "The Basis for a Criminal Appeal," accessed Aug. 03, 2017

No Comments

Leave a comment
Comment Information
    • Richard H.Sindel | Best Lawyers In America | Best Lawyers - 2016
    • Richard H. Sindel | America's Most Honored Professionals | 2015
    • Top Attorneys in Missouri & Kansas | 2014 | Richard H. Sindel
    • Top Attorneys in Missouri & Kansas | 2013 | Richard H. Sindel
    • Super Lawyers
    • AV Peer Review Rated. Highest Rating For Ethical Standards and Legal Ability
    • Richard H. Sindel | Best Lawyers | Lawyer of the year | 2011 | Criminal Defense: Non-White-Collar St.Louis
    • MATA - Helping To Balance The Scales Of Justice
    • Member of the Missouri Association of Criminal Defense Lawyers
    • Member of the National Association of Criminal Defence Lawyers
    • The Bar Association of Metropolitan St. Louis
    • U.S.News| Best Lawyers | Best Law Firms | 2010
    • Charles M. Shaw Award
    • Bar Register Preeminent Lawyers
    • The Missouri Bar
    • Top Listed in Best Lawyers | The world's premier Guide
Email Us For A Response

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy