As members of law enforcement, the police have certain rights to behave in ways that civilians do not. However, this does not mean that the police have a carte blanche to act with impunity. In today’s post, we examine the legalities surrounding a controversial...
Criminal Appeals
Criminal Appeals
How may an appeal allow me to show that the court made an error?
When you file an appeal, the law offers an opportunity to provide proof of an error made during your trial. According to the United States Department of Justice, suppressed evidence and wrongful convictions are common reasons for appealing a judge’s decision. While an...
What does your right to remain silent mean?
Law enforcement has rules that define the way agencies investigate crimes. One parameter they must operate under is your right to stop answering questions and protect yourself from damaging statements. The right to remain silent is part of the Miranda warning that...
How can mental illness contribute to theft
If you struggle with stealing, there may be people who assume you intend to be dishonest or behave criminally. In some cases, theft may occur due to addictive, compulsive disorders. According to Healthline, many factors contribute to theft. Factors behind theft...
Do you have an automatic right to appeal when convicted of a crime?
In general, you have an automatic right to appeal any criminal conviction that you receive from a Louisiana judge or jury. As explained by Columbia University, when you appeal, you ask a higher court, usually the Court of Appeals for the jurisdiction in which you...
Mistakes in police procedure may aid in your defense
If a roadside stop ends with your arrest, it does not mean you are bound for prison. You have the right to mount a defense, which may include questioning police procedures. The police must follow the law when investigating any crime, including a DWI stop. However, the...
What happens during the appeals process?
After you receive a judgment after a criminal case, you may be able to appeal the verdict. If you plan to file a notice of appeal, there are some things you need to know. The American Bar Association describes appeals as court processes to analyze whether an error...
What is an appeal?
Many people misunderstand the appeals process in a criminal case. You cannot appeal simply because you lost. You cannot use this process to get a new trial because you did not like the way your first trial went. According to the United States Department of Justice,...
Overcharging, false convictions plague criminal justice system
Many Americans place a good deal of faith in the nation’s criminal justice system. However, research shows that overcharges and false convictions are pervasive problems nationwide. This suggests that you may have cause for concern if you are currently facing a...
What are the pros and cons of a plea bargain?
Plea bargains have supporters and detractors. Supporters claim it allows for the reservation of money and resources. Detractors say that it is unfair either to the prosecution or the defendant. In either case, plea bargains have both cons and pros. You must carefully...