The United States justice system is based on the idea that anyone accused of committing a crime is innocent until proven guilty. Every citizen has the right to a fair trial before they are either convicted or acquitted of the criminal law charges brought against them. Unfortunately, the system can result in unjust convictions. If a defendant believes mistakes were made in their trial, their attorney can file a motion to overturn the conviction.

Appealing a Conviction 

Defendants and their attorneys can appeal a conviction and request a new trial based on a variety of criteria. These conditions include:

• Errors on the part of the prosecution
• Racial discrimination during jury selection
• Biased jurors
• Improper jury instruction
• Introduction of illegally obtained evidence

Harmless Error Rule

Previously, almost any trial error would warrant the reversal of a conviction. However, the introduction of the harmless error rule has given appellate courts more leeway in deciding whether mistakes made by the prosecution, jury, or presiding judge are damaging enough for a guilty verdict to be reconsidered.

Now, harmless errors are more often than not viewed as technicalities with no real impact on the trial outcome. In turn, attorneys face more challenges than ever when attempting to appeal a client’s conviction.

Structural Defects in a Case

Despite the challenges presented by the harmless error rule, there are some infractions that always warrant an appeal. These are known as structural defects and include:

• Ineffective assistance of counsel
• Insufficient evidence
• Abuse of discretion

For a court to establish whether a violation is structural or harmless, they must carefully evaluate how much it affected the verdict and whether the jury would have come to the same conclusion without the harmful circumstance. Defense attorneys need to be skilled and pay close attention to detail to identify potential defects in a case and protect their clients’ rights to a fair trial.

With these challenges to the appeals process, it’s more important than ever to hire a competent attorney with a track record of trial success. The legal team at MacVean, Lewis, Sherwin & McDermott, P.C. has provided residents throughout Hudson Valley, NY with effective defense strategies for more than 130 years. They are committed to securing clients the best possible outcomes with effective, aggressive defense strategies. Contact them at (845) 343-3000 to discuss your case, or browse their website for more information.