• CRIMINAL TRIAL, POST-CONVICTION RELIEF, & APPELATE PRACTICE
Areas of Legal Practice: Joseph J. Pappacoda
In all criminal cases you have either been arrested, or have been given a notice to appear in court, in the case of a misdemeanor, or criminal traffic offense. This starts the criminal trial court process. During the pendency of your case, you generally have the right to review the documentary and other evidence that will be presented in the prosecution's case against you, and may be able to take your own discovery depositions, in order to determine with reasonable certainty, what the prosecution's witnesses would say at trial. Those two things will help you determine the defense case.
You can also build your own case, to prove your own innocence if you are so inclined by interviewing witnesses that can help you corroborate your side of the story, and buttress that testimony with anything tangible that can be obtained from either third party sources, or that exist and are obtainable. Oftentimes, mounting your own offensive to prove the prosecution is wrong, will not only create reasonable doubt in the prosecution's case, but if accomplished in the proper fashion, can make the prosecution's case a mockery of justice, which the jury will see for their own eyes. The best defense is oftentimes a frontal assault on either the elements of the crime, or the prosecution's witnesses.
In the event that your trial is lost, due to some adverse ruling by the trial judge, or due to ineffective assistance of your trial attorney, you do have the right to appeal the trial, and adverse ruling in a direct appeal within a limited time period following your conviction, and thereafter, to formally complain in the event your conviction, or involuntary plea was entered into, based upon a legally recognizable reason, related to ineffective assistance that you received from your attorney, that are either raised in a sworn motion for post conviction relief, a writ of habeas corpus, a motion to correct an illegal sentence, or similar post conviction motion.
Criminal appeal and post conviction relief motions not only set the wheels in motion for a tribunal to review whether your conviction should be reversed, but also spawn hope for you in difficult times, relative to that conviction, and potential incarceration.
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