Imagine you’ve been convicted of a crime but know the verdict is incorrect. What if you pled guilty to a charge only to find out later you were not actually legally culpable? What if rules were violated in order to obtain a judgment against you?
You’d want justice. You’d want the criminal proceedings to be overturned.
Your best option in this scenario would be to pursue a strategic criminal reversal, which can overturn a charge or stop a criminal proceeding.
There are several instances in which you can pursue a strategic criminal reversal, as outlined below. You should consult with your attorney given the complexity of seeking a reversal.
Challenge the Courts
You may challenge the authority of the courts on the basis that it lacks jurisdiction or cannot objectively adjudicate the case for any number of reasons. Challenging the authority of the courts is an option if you’re at a systematic disadvantage due to the particular court that handles a case.
Challenge the Evidence
You may challenge a case based on the misrepresentation of evidence, the failure to disclose evidence, or other glaring problems with the evidence that was used in the trial. This could merit a reversal and opportunity to have the case heard again.
Violation of Rights and Claim Procedures
A specific set of rules and procedures must be followed starting from the time you are arrested. The case could be thrown out if the justice system fails to follow these procedures and thus violates your rights.
There are two main methods that you may use to seek a reversal: Filing an appeal and filing a writ. Each option is detailed below. Choosing the right option depends on the circumstances, so consult with your attorney to be sure you take the appropriate course of action.
Reversing a Conviction Through Appeals
If you discover a problem with how your case was handled and believe it impacted your conviction or sentence, you should file an appeal. The appeal must, first, point to a specific issue and convince the court that it constituted a serious mistake that influenced the outcome of the case. Second, you must convince the court that the conviction was in part a result of the violations or mistakes.
Reversing a Conviction Through Writs
If you have exhausted your opportunities for appeals, or were never able to successfully file one, you could still file a writ. A writ is an order from a higher court that instructs a lower court to take a particular action. Writs are usually filed in extraordinary situations where an appeal isn’t an option, but you’re sure that the case was unjust for one reason or another. Writs can also be filed if an appeal option is unavailable, but there have been technological advances that present new information or alter the facts.