If you feel you’ve been found guilty of a crime in error, you’ll want to reverse those criminal charges. Courts, however, rarely overturn lower court decisions even when accidents happen. Most errors are deemed harmless by the court though the charges won’t seem harmless to you. To overturn a criminal charge, you will need someone on your side with experience, and that has a plan for having your appeal succeed.
Challenge the Jurisdiction and Authority of the Courts and Prosecutor:
Suppose it can be ascertained that you do not live, own a business, own property, or committed an injury inside a jurisdiction. In that case, the court has no power over your conviction, and it may be overturned. Subject matter jurisdiction (a reliable witness or an applicable law) may also be challenged.
Challenge the Procedures:
Criminal trials generally follow six steps:
- Choosing a Jury
- Opening Statements
- Witness Testimony and Cross-Examination
- Closing Arguments
- Jury Instruction
- Jury Deliberation and Verdict
If any of these steps violated the law, it might be possible to reverse the decision.
Check the charging instrument (grand jury indictment or information) for missing or excessive basic, legal, and fact elements:
Trials can be long and complicated. It can be easy for a jury or judge to ignore missing information or legal elements. If this can be proved, it may lead to your appeal being granted.
Determine whether the charging instrument was amended during the trial:
The charging instrument is the document that the state used to charge you with a crime; if it was altered during the trial to fit testimony, you might get your charges reversed.
Determine whether petit jury instructions were different from the charging instrument:
The instruction that the jury gets has to match the reasons you were charged. If the instructions were unclear or confusing, there might be a reason to negate the charges against you.
The ProAdvocate Group will work tirelessly to reverse your criminal charges. They have unprecedented success in these specialized cases, and you want them on your side. You need an advocate, and they are ProAdvocate for more information click here.
https://www.zmolaw.com/charging-instruments-and-other-paperwork.html
https://criminal.findlaw.com/criminal-procedure/criminal-trial-overview.html
https://famguardian.org/taxfreedom/Instructions/5.9ChallengeJurisdiction.htm