Appeals and Writs

Appeals Court judges generally defer to trial court findings, particularly findings of fact as opposed to matters of law. Courts rarely overturn lower court decisions and perfect trials are not guaranteed, although certain safeguards do exist in order to account for errors and oversights. An appellate court will overturn a guilty verdict only if the trial court erred in a way that significantly contributed to the outcome. While most errors are deemed “harmless,” there are, of course, some types of errors that are so serious that they are presumed harmful, such as the use of a coerced confession. Appellate courts rarely interfere with sentences handed down by the lower courts. But in some cases where the law specifies a particular sentence, the appellate court may send the case back for resentencing if the court gets it wrong.

If you have been convicted of a crime and believe the guilty verdict (or even plea) was in error, a defendant has the option to pursue the reversal of that conviction. Reversing a conviction generally happens through appeals or writs.

It is theoretically possible for two completely reasonable juries rule differently on the agreed-upon facts of a case, and thus give different verdicts. And unless something goes wrong at the trial level, you can’t appeal a case simply because you believe the jury reached the wrong verdict. But, having said that, convicted criminals do have the right to challenge the verdict (or appellate court’s ruling) of a case if mistakes were made regarding the facts or matters of law, or if there were issues not readily apparent in the case record itself. These legal remedies are called appeals and writs, respectively.

If one has discovered errors in the way a case was handled, and believe it materially affected a conviction or sentence, they may file an appeal. But the appeal must pinpoint a specific aspect (or aspects) of the case and make a convincing argument that there may have been serious mistakes.

But even a successful appeal won’t always reverse your conviction. Using the example above, prosecutors may still be able to reach a guilty verdict without the illegally obtained evidence. So it’s important to understand that criminal appeals must focus on specifics of the case and not necessarily the outcome.

If all of your opportunities for an appeal have been exhausted or never available to begin with, but you still believe your trial was clouded by some kind of an injustice or mistake, you may look into filing a writ. A writ is an order from a higher court directing a lower court to take some kind of action, typically filed in extraordinary situations where an appeal isn’t an option. So while the trial court may not have erred, per se, a writ may be filed if the verdict was materially based on some other injustice or error beyond its immediate control.

If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.

Leave a reply