Why You Benefit from Hiring a Criminal Defense Lawyer with Appellate Experience

When most people think of criminal law, they think of criminal trials. This is what Perry Mason and Law and Order show. However, even a defendant who is convicted by a jury has a right to bring a direct appeal to a higher court. It is possible that this court will send the case back down for a new trial or even enter an acquittal.

The office of Michael W. Modica has handled many criminal appeals. Even those facing trial benefit from having a lawyer with deep appellate experience. Contact our firm to schedule a free consultation with a Wilmington criminal appeals lawyer.

Preserving Issues for Appeal

A critical task for your trial counsel is to preserve an issue for consideration on appeal. The judge at your trial might make a mistake. For example, the judge might let in highly prejudicial “guilt by association” evidence that your cousin is also a felon. Your trial lawyer should object to the evidence in a timely manner. This is one way to “preserve” the issue so an appellate court can consider it.

In many cases, it is also critical for a trial counsel to preserve an issue by objecting again in a post-trial motion.

When your trial lawyer does not preserve an issue, then an appellate court will only look for “plain error.” It is much harder to win an appeal under that standard of review. But if trial counsel preserves the objection, then the appellate court will review the mistake under a less deferential standard.

Making Compelling Arguments to the Trial Judge

Experienced appellate attorneys know how to research legal issues and present compelling written arguments. These skills come in handy for trial counsel, as well.

Before trial, we might object to the introduction of certain evidence, such as incriminating evidence obtained without a warrant. A motion to suppress usually requires a written motion. Your lawyer should lay out the law and summarize for a judge why the evidence should be thrown out of court.

Our motions are stronger and more forcefully argued, thanks to our appellate experience. We can win issues that lawyers with no appellate experience might lose.

Staying Abreast of Changes in the Law

An experienced appellate lawyer is constantly reading judicial opinions, including those from the U.S. Supreme Court and the Delaware Supreme Court. These opinions help clarify “gray areas” in the law and finetune the rules of criminal procedure. Because we read so many opinions, we understand how the law is developing.

At trial, we can point out recent court opinions to back up why the judge should suppress evidence or give different jury instructions. A lawyer with less appellate experience might not know of the most recent changes to the law.

Schedule a Consultation with an Experienced Criminal Defense Lawyer

Any criminal defendant can benefit from hiring a defense attorney with strong appellate experience. Reach out to Michael W. Modica today to learn more about how our firm defends clients from the most common crimes.

Source:

nij.ojp.gov/nij-hosted-online-training-courses/law-101-legal-guide-forensic-expert/pretrial/pretrial-motions/motion-suppress