The four basic grounds for appeal

On Behalf of | Aug 27, 2021 | Blog, Criminal Defense |

If you were falsely convicted of a crime in South Carolina, you probably want to appeal your case. Before you can have your case heard by an appellate court, you will have to prove that there was an error made in your trial.

Here are the four basic errors that can be grounds for appeal:

#1: Plain error

A plain error is an error that is so obvious it could have been reversed in the lower court after an objection. However, if the case is being appealed because of a plain error, it means that no objection was made earlier.

#2: Abuse of discretion

Criminal appeals based on abuse of discretion are used when the judge in a case abused his power. In other words, the judge issued a ruling that was erroneous, unreasonable and not supported by facts.

#3: Ineffective assistance of counsel

If you feel that your lawyer did a bad job defending you, you can appeal your case based on ineffective assistance of counsel. This error is based on your right to a fair trial and adequate representation under the Sixth Amendment.

#4: Insufficient evidence

Appealing your case based on insufficient evidence is the most difficult grounds to use. This is because appellate courts typically don’t hear real testimony, view real evidence or hear arguments in a case. Appellate courts usually only review trial transcripts before making their decision, which can make them poor judges of evidence.

Seek help from a lawyer to appeal your case

The criminal justice system has been set up to prefer the findings of the trial court’s ruling. This can make appealing your conviction a frustrating process to go through on your own. However, a criminal defense attorney may be able to help you find the correct grounds to appeal your case.