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Whether several years in prison or just increased car insurance rates are at stake, a criminal trial is a frustrating and frightening experience. You may be convinced that a witness against you was lying. You're sure that the jury or judge couldn't really have believed the prosecution's case. You believe the evidence used against you must have been planted, made up, or misinterpreted. All are very good reasons to be mad, but are not necessarily reviewable on appeal.

An appeal is a review of the trial court's actions and rulings during a trial, to determine whether certain legal principles were properly applied. That's it. There is no new trial on appeals. There is no ability to present new evidence or testimony.

Also, if you take a plea bargain, you are advised that by pleading guilty you are waiving all rights to trial and rights to appeal. In the event that you pleaded guilty and waived your rights to appeal, your ability to appeal is diminished, but certainly not gone. If you wait until after sentencing, your ability to appeal is diminished even further.

Below are two lists of issues that are reviewable on appeal, and those that are not, or disfavored and quite difficult.

Appealable issues: I was not allowed to testify at trial I was required to testify at trial The court made me commit to testifying before the trial even began My sentence is harsher than the sentences given to other defendants

Likely not appealable: I never meant what the police officer accused me of saying They are lying about me My former girlfriend/boyfriend/spouse is making this up

While you may be able to recognize testimony or physical evidence that you feel is improper, you likely cannot find legal questions that were improperly addressed. If you can't find them, you can't fight them. The list of legal questions you can appeal is long, and the standard of proof is much lower than that for questions of fact.

Contact me today - I will put my experience to work for you!

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FENAUGHTY & ASSOCIATES, PC

Daniel O. Fenaughty
Attorney at Law
320 South Cascade Avenue
Colorado Springs, Colorado 80903

Email us

law@lawyerdan.com

Call us

719-277-6626

Call today to schedule a free consultation.

Copyright © 2004 by Daniel O. Fenaughty. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.