Dickson Criminal Appeals Attorney
Fighting back by appealing criminal convictions in Dickson
Contact Waynick Law
Trial courts, judges, and juries can make mistakes. When they do, the outcome can be the loss of freedom for someone wrongfully convicted. If you suspect that errors during your criminal trial led to an unjust outcome, now is the time to consult with a Dickson criminal appeals attorney about the possibility of challenging the decision. An appeal can offer opportunities to correct mistakes that may have contributed to the unfortunate outcome in your case. At Waynick Law, our experienced Dickson criminal appeals attorneys want to listen to your concerns and identify any trial errors that may have contributed to your conviction.
How can we help?
Understanding appeals
Appeals allow you to challenge the decision of a trial court. Unlike a trial, there is no jury in an appeal, and no one gets to present new evidence or new witnesses. The role of the appellate court is to review how the court applied the law in your case. Appellate judges don’t re-examine whether witnesses were credible or shared accurate facts. At this stage, a panel of judges will review the decision of the trial court in an effort to identify any legal errors. If they identify errors, the appellate court may order a new trial, adjust the sentence, or even dismiss the charges. On the other hand, if the court finds no errors, the original ruling will stand.
Contact Waynick Law
What are the common grounds for appeal in Dickson?
Several factors can provide grounds for an appeal. It’s important that you work with an experienced attorney who can uncover potential errors that may give you what you need to justify an appeal. Here are some common reasons to challenge a trial court’s decision:
Flawed jury instructions
A jury relies on the instructions the court provides. If those instructions are unclear or incorrect, those errors could have caused them to reach the wrong outcome. For example, if the instructions omitted an essential element of the crime, this could be grounds for an appeal if that exclusion could have influenced the outcome or verdict.
Improper admission of evidence
Even if your lawyer rightfully argues to keep out certain evidence, the judge may allow it in, where it might influence the jury’s decision. For instance, evidence that police obtained through an illegal search shouldn’t be let in. If it is, then you might have grounds for an appeal.
Lack of effective counsel
If your defense attorney did not competently represent you, it could be a basis for appeal. An example might be a failure to call a crucial witness or allowing in evidence that they should have fought to exclude.
Incorrect application of the law
It’s not common for a court to apply the law incorrectly, but it can happen. If the court did commit such an error, and that mistake likely impacted the trial’s outcome, it could be grounds for appealing the case.
Insufficient evidence
Convicting someone of a crime requires that the prosecution meet a highly demanding burden of proof. If the evidence was particularly weak or insufficient, this could be a reason to appeal. Unfortunately, this sometimes happens when a jury has a bias or other feelings that could prejudice them against the accused person.
Jury misconduct
Juries are only supposed to use the evidence they hear in court to make their decision. If a juror acted improperly, such as researching the case outside of court and sharing that information with others on the jury, it could lead to an appeal. Other errors might include a juror failing to disclose something about themselves that would have prevented them from serving on the jury in the first place, such as a relationship with an alleged victim or the defendant.
Prosecutorial misconduct
Prosecutors must follow legal standards during a trial. If a prosecutor working to secure a conviction holds back evidence they know would undermine a guilty verdict or references inadmissible evidence, those actions could support your appeal case.
Can I appeal my criminal conviction in Dickson?
If a jury found you guilty in a Tennessee criminal court, you can file an appeal. Having the right to do so doesn’t mean that you have a strong case, however. You will need to discuss what happened with a Dickson criminal defense attorney. If you suspect that legal errors or misconduct influenced your trial’s outcome, contact Waynick Law and tell us what happened. We can review your case and search for grounds to challenge the verdict.
How the appeals process works in Dickson
In Tennessee, the appeals process follows a structured procedure. Here’s what you can expect:
- Filing of a Notice of Appeal: The first step is to file a Notice of Appeal. This act prompts the trial court to forward case records to the appellate court for the judges to review.
- The Judges review the records: Both parties can submit their legal briefs, which the appellate court reviews along with the trial record. The judges use the documents and briefs to assess the appeal.
- Attorneys present oral arguments: In some cases, the court may allow attorneys to present oral arguments before the judges make their decision.
After the appellate review, the court may:
- Affirm the trial court decision and uphold the original conviction
- Reverse the trial court decision and overturn the trial court’s ruling
- Remand the case or return it to the trial court for further proceedings
- Order a new trial, reduce the sentence, or grant other forms of relief
Even if the appellate court’s decision is unfavorable, additional options may be available, such as appealing to the Tennessee Supreme Court or the United States Supreme Court.
Do I have to serve my sentence while my case is on appeal?
Some people may need to serve the sentence during the appeal process. Still, depending on the offense, it may be possible to stay the sentence as the appeal process plays out. You should contact a Dickson appeals lawyer right away to learn your options.
Can Waynick Law’s criminal defense lawyers handle state and federal appeals?
Yes, Waynick Law’s criminal appellate attorneys practice in state and federal court. We are committed to fighting for justice on behalf of our clients, no matter how complex the case. If you’re considering an appeal, contact us to discuss your situation and determine whether there is a strong basis to challenge the court’s decision.
Contact Waynick Law’s criminal appeals lawyers near you
Waynick Law represents clients across Tennessee. We can schedule meetings at our office in Dickson at 504 E. College Street, Dickson, TN 37055 or in Nashville. If you believe you have grounds to appeal your conviction in Dickson, reach out to Waynick Law. Our attorneys are ready to fight to protect your rights throughout the appellate process. Call us or fill out our form to contact an experienced Dickson criminal appellate lawyer.