The concept of a fair trial, one that is run by the proper procedure and executed in accordance with both the state laws of Arkansas and the federal laws of the United States, is the objective of the criminal justice system. There are times when our system falls short of that ideal and a person who hears a guilty plea may have recourse to an appeal. The appeals process is unique and calls for an attorney who is skilled in its unique nuance.
The work of our Little Rock appeals lawyers includes those whom we may not have represented at the original trial. No matter your situation, don’t hesitate to reach out to us. Call (501) 600-0451 or fill out our online contact form to set up a consultation.
How an Appeal Is Different From a Trial
There is a perception among the public that an appeal is simply a second chance at a trial, in front of a different judge. That is not what an appeal is.
An appeal means that one side believes there was an error in the application of law during the trial. An appeal does not see a re-presentation of all the evidence. If a disputed issue is something that is gray area of law or allows for discretion, then the decisions of the original judge and jury stand—even if the appellate judge might have ruled different.
What this means is that a Little Rock appeals attorney must have a deep understanding of the entire trial process, to best pinpoint any legal errors that were made and to cite them as the basis for the appeal.
Contact the Law Office of Omar F. Greene to find out if your trial had errors that might be grounds for an appeal. We’re at (501) 600-0451 and can be reached here online to set up a consultation.
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Some of the most important work in a trial happens before the proceedings even open. The pre-trial phase is filled with legal motions and important decisions made regarding evidence. This is also means it is an area that may offer opportunities for appeal. For example…
- The motion to suppress evidence: The police have an obligation under the Fourth Amendment to the U.S. Constitution to conduct their searches for evidence under strict rules and procedures. When those aren’t followed—such as conducting a home search without the owner’s consent or a warrant from a judge—that means any evidence obtained from that search is illegal, and therefore inadmissible in court. If a defense lawyer’s motion to suppress this evidence was wrongfully denied, an appellate judge can overrule that.
- Prosecutorial misconduct: The legal defense team has the right to know what evidence will be presented by the prosecution and what witnesses will be called. The “surprise” introduction of evidence might make for a good storyline in TV crime dramas, but it is not the real world. If a prosecutor fails to inform the defense of the evidence that will be introduced, that is most certainly grounds for appeal.
- Juror misconduct: Defendants have a right to have their cases ruled on by an impartial jury, one that is unfamiliar with the case other than what they are presented with at trial. What if a juror lied to the court about their background, thus seeking to present themselves as impartial when they really weren’t? What if they had outside communication with someone during the trial? These are grounds for appeal.
There are several other grounds for appeal. They all come back to a basic recognition that the outcome of a trial may well have been determined by incorrect rulings of what evidence could be seen, how it could be presented, and who was ruling on it.
The Law Office of Omar F. Greene is experienced in the appeals process and our Little Rock appeals lawyers are respected in and around the Little Rock legal community. Our appeals work includes clients whom we may not have represented at the original trial, but who value what we bring to the table on appeal.
Contact our office today at (501) 600-0451 or reach out here online for help in filing the appeal of you or your loved one.
Respected in the CommunityWe are respected among our colleages in the legal community for our strategic and skilled representation.
Compassion Backed By ExperienceWith over 30 years of experience, we care about every case and do whatever it takes to win justice for you.
We Speak Your LanguageNo legalese here; we use plain english to ensure our clients understand exactly what their case entails.
A long History of Advocacy
As a skilled writer, our attorney has filed hundreds of appeals for our clients.
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