What Do Criminal Appeals Barristers Do?
People who read about this subject are generally law students, unjustly sentenced and convicted people, barristers, and the loved ones of people who have been convicted of crimes. Our intention with this article is to explain the appeals process, why you need a good barrister and why you must maintain hope. We will first deal with the emotional side of things, then discuss what criminal appeals barristers actually do, explain the appeals process for convictions and then for sentencing. We will close with a call to action because getting started and linking up with a barrister is the most important thing.
Criminal Appeals Barristers Give Hope
It is not over once a conviction or sentence is handed down yet this is a very powerful belief that a lot of people have. This false belief might be so prevalent because many see the government as all powerful and something that the average person cannot fight against. There are also times when the fear of public opinion is what makes this belief feel real. What we know in the legal profession is that appeals barristers often win cases, that they are able to have sentences reduced and often overturned, and that they are able to get retrials for their clients. There is much hope to have when you hire the right appeals barrister for the job.
What Do Appeals Barristers Do?
Criminal appeals barristers fight for the truth and the legal high ground. We have a lot of expectations and checks when it comes to the law in our country. We expect fair and balanced trials, we expect for all parties to play fair and to uphold the law over all things. What sometimes happens is that prosecutors and other parties do not play fair and sometimes they make mistakes. An appeals barrister’s job is to discover these legal faults to have their client's sentence and conviction overturned.
Appealing A Criminal Conviction
One of the more complicated forms of appeal is a criminal conviction appeal. This form of appeal is more complicated because it is not as self-contained as a sentencing appeal. When fighting for a conviction appeal a win is a new trial, not an immediate reduction in sentencing or freedom. In a conviction appeal a barrister is fighting for another day in court, another chance to go to trial to present all the evidence and information that was overlooked or incorrectly used.
Appealing A Criminal Sentence
Appealing a criminal sentence is more open and shut than a conviction appeal and is the most successful form of appeal. It is an appeal where there is an immediate and final result. A client's sentence is either reduced, overturned, they are let free or they receive a non-custodial sentence. The evidence, the beliefs of parties involved, legal precedent and legal framing are what typically lead to a successful appeal of a criminal sentence.
The glue in all of this is the hiring of a very competent appeals barrister who knows their way around the law. Such a barrister will have a great reputation and plenty of experience. One example of an experienced and successful appeals barrister is Nigel Lithman QC, but you should conduct your own research and investigate a number of barristers before making a decision.