Appealing Things That Happen, Before Your Actual Criminal Trial
When we think of problems in a criminal case that can go wrong and lead to criminal appeals, we often think of stuff that happens at the actual criminal trial. Maybe that’s because that’s the part that is most visible, or simply the part that we see on TV more than other parts of a case.
But there is a whole world of legal hearings and judicial decisions that happen long before the trial happens—and those decisions, if they are incorrect, can lead to the ability for someone who has been convicted to appeal that conviction.
Our Louisiana appeals defense attorney explains more below.
Discovery and Evidence Problems
Before the trial starts, there is a process called discovery. That’s where both sides exchange the evidence that they will use in the case, before the case starts.
But sometimes, there are errors in the process. They can include:
Allowing evidence to be used that should not be used at all—maybe it’s too prejudicial, or maybe it was obtained illegally by the police or state.
Not allowing evidence to be used when it should be allowed to be used by the Defendant.
Not making a party that refuses to provide requested information, to provide it, as parties often try to avoid turning over all the evidence that they have
The state has evidence that would hurt them and help your case, but it hides, conceals, or refuses to turn that evidence over.
When a judge makes what a party perceives to be an incorrect decision related to evidence, that can lead to a criminal appeal.
Problems WIth Expert Witnesses
In many criminal cases, expert witnesses will play a large role. But parties can’t just bring in any expert and have him or her say whatever they want. They need the judge’s approval to use an expert, and sometimes, the parties will challenge the other party’s expert’s opinion, saying the jury shouldn’t be allowed to hear it.
The ultimate decision on those challenges, if you believe it was in error, can form the basis for a criminal appeal.
Motions to Suppress
Defendants accused in criminal cases have a broad range of constitutional rights. Often, judges are called upon to determine if constitutional rights were violated—if so, the evidence the police illegally obtained cannot be used in a trial.
Whether because of an illegal search and seizure, a violation of a party’s Miranda rights, or something else, these are all decisions that, if incorrect, can lead to a criminal appeal.
The Charging Document
Sometimes the wording of the charging document against you (the document that says the crimes you’re charged with) is insufficient, incorrect, or legally cannot be used against you. It may explain the charges incorrectly, incompletely, or set forth the wrong charge against you completely.
If your criminal defense lawyer sees this, he or she may ask the judge to throw out the charges or at least have the state amend the charging document.
This takes the judge’s approval—which, if that approval is wrongfully denied, can be appealed.
Contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout Louisiana.