How to Choose a Law Firm for a Criminal AppealPublished on September 21, 2020
If you have been convicted of and sentenced for a crime, you have the right to appeal that conviction or sentence. Numerous complex rules set the time and manner in which you must file your appeal. You have a limited window to find a criminal appeals lawyer to take your case. With so many criminal law firms out there, how do you choose the one that can handle your particular case? Your appeal is one of the few ways to have your conviction or sentence overturned, so you have a lot at stake. Choosing the wrong firm may prevent a successful appeal.
Factors To Consider When Picking a Appeal Law Firm
Below are factors to consider in choosing the right law firm for you. No one factor is determinative, and the factors overlap in some instances. The list provides guidance in selecting the firm that can best represent you in a challenging appeal.
- Knowledge: are the attorneys at the firm knowledgeable of the area of law relating to your case? Some lawyers practice in many areas of the law, criminal law included. For simple criminal cases at the trial court level, hiring such a lawyer might make sense. For a criminal appeal, however, you want a firm that has in-depth knowledge of the procedural and substantive law related to criminal appeals. The timelines, rules, and standards of judicial review are significantly different for an appeal than for a trial. Look for a law firm whose attorneys are schooled in criminal appellate law to obtain the best representation.
- Experience: do the attorneys at the firm have experience in representing clients in your situation? Experience in criminal appeals is key to a successful outcome. Many excellent trial lawyers are available, and some do appeals. However, you want a law firm or an attorney who has significant experience specifically in appellate work. Such experience shows that the attorney or law firm knows what works and what doesn’t in a criminal appeal and helps to provide the most efficient, effective representation.
- Expertise: do the attorneys at the firm have the expertise to achieve success in criminal appeals? The next factor to consider is the firm’s success in appealing criminal convictions. All the knowledge and experience that an attorney may possess does not always equal success. You want an attorney or law firm whose strategies and arguments result in positive outcomes.
Such success may be reflected in an attorney’s status within the profession. Being a top lawyer in the field or being a speaker or leader in the criminal appeals area of law indicates an expertise that other attorneys or firms may not have. Attorneys are named top lawyers for a reason; their dedication to and success in criminal appeals mean that they provide extraordinary representation.
- Resources: does the firm have the resources to investigate, research, and pursue the appeal? A criminal appeals law firm, large or small, should have an arsenal of resources to investigate your case to maximize the likelihood of success on appeal.
Besides attorneys, look at whether the firm has paralegals, dedicated legal research personnel, and private investigators to handle your appeal. Many facets make up an appeal, and specialized personnel dedicated to handling those different facets help the attorneys to prepare a thorough, well-reasoned appeal that is supported by law and fact.
- Dedication: is the firm dedicated to your case, rather than treating you like just another case in a revolving door? If the law firm takes on every criminal appeal that comes through its doors, your case might fall through the cracks or be handled without the thorough, careful treatment that an appeal warrants. Hiring a firm that represents only select cases increases the firm’s focus on you and your case.
- Edge: does the firm have that “X Factor”? Look for a firm that has something unique to offer, something that gives it an edge over other firms and over the opposition. An attorney’s background can provide this factor. It may seem counterintuitive to select an attorney who was once a prosecutor, for example, but such an attorney would have valuable insight into the strategies of the other side on appeal. Being able to predict and undermine the opposition’s arguments on appeal increases the chances of success.
Contact Spolin Law for Help
With so much at stake, choosing an attorney for your appeal may seem overwhelming. The above factors may help you in selecting an attorney who can maximize your chance of success on appeal. As stated, no one factor is determinative; you want to consider all of them in making the crucial choice of an appellate attorney.
Criminal Appeals News – Wrongfully Convicted Frances Choy ReleasedPublished on September 14, 2020
In 2003, 17-year-old Frances Choy was arrested in Brockton, Mass. for pouring gasoline around her home and setting a fire that killed her parents. After two trials where the jury failed to reach a verdict, in 2011 she was on murder and arson charges and sentenced to life in prison without parole. Kenneth Choy, Ms. Choy’s 16-year-old nephew, who also lived in the home, was tried on murder charges but was acquitted shortly after Ms. Choy’s first mistrial and quickly after fled to Hong Kong in 2008.
This September, Judge Linda E. Giles vacated the convictions following Ms. Choy’s lawyers’ discovery of multiple issues that occurred at her third trial, when she was indicted. In addition, Judge Giles also ruled that emails that recently emerged proved the trial prosecutors showed “racial animus” against Ms. Choy and members of her family. These emails include exchanges of images of Asian people, some with derogatory comments, ‘jokes’ about Asian stereotypes, and cartoons mocking Asian people speaking imperfect Asian. The prosecutors’ disturbing emails went even further and made jokes insinuating Ms. Choy committed incest with Kenneth Choy, who now, with new evidence, is thought to be the one who had actually set the fire and blamed Ms. Choy.
The numerous problems that occurred at Ms. Choy’s third trial are now revealed, which, in combination with the discriminatory emails, led to Judge Giles overturning the conviction. At her trial the prosecutors made Ms. Choy out to be an emotionless killer who wanted her parents’ life insurance and to spend more time with her boyfriend. Prosecutors presented Ms. Choy’s sweatpants that she was wearing after the fire as evidence from a State Police chemist, claiming the sweatpants tested positive for gasoline residue. Yet, following her conviction, Ms. Choy’s legal team hired an analytical chemist who concluded that no gasoline residue was on her sweatpants. Although Kenneth had already been suspected in setting the fire, after he testified against Ms. Choy, her attorney did not bother to call an expert witness or interview others about Kenneth’s role in the fire. The key witness, who Ms. Choy’s trial lawyer did not contact, was a friend of Kenneth’s, who later put in a sworn statement that Kenneth admitted he started the fire. The key witness said Kenneth did so out of revenge, and even bragged about being found not guilty. Prosecutors also withheld the knowledge of two other fires at the home while Ms. Choy was incarcerated.
The prosecutors involved were Karen O’Sullivan and John Bradley. O’Sullivan left the Plymouth County’s district attorney’s office years ago and now works in the Bristol County’s DA office, while Bradley was fired from the Plymouth office in 2012. While incarcerated, Ms. Choy pursued a bachelor’s degree from Boston University, and graduated magna cum laude. Her Attorney John Barter said, in a statement from People magazine, that “This may be the first case in the U.S. where a murder conviction has been thrown out because of racism on the part of prosecutors.” Her other Attorney Sharon Beckman agreed and shared, “Frances can never get back the 17 years the criminal legal system took from her, but we are overjoyed at her exoneration and hope her case will inspire meaningful reform,” according to the New York Times.
We too hope this case will lead to reform, in not just the realm of wrongful convictions, but the racism that exists that often leads to them. The racially degrading comments of the prosecutors in this case, and more subtly in many others, caused both the prosecutors and the jury to view Ms. Choy as a stereotype and disregards her humanity. Thanks to Ms. Choy’s persistence and the support and work of her attorney’s, Ms. Choy was able to achieve justice that is long overdue. With her attorneys she was able to fight back against the system, and hopefully will inspire others to do the same. We are glad to see Ms. Choy win back her life, and hope to help others do the same.
How to Appeal a Conviction Based on Jury Error?Published on September 7, 2020
America’s jury system is a wonderful thing. In the interest of a fair trial, a group of your fellow citizens gather to decide whether or not you are guilty as charged. Theoretically, it’s one of the best ways to reach a just verdict in a court of law.
That’s not to say that humans never make mistakes, and juries are no exception. Human error naturally extends to juries, as hundreds of wrongfully convicted individuals can tell you.
But a jury conviction is not necessarily the end of your case. If you or a loved one have been wrongfully convicted because of jury error, let an experienced and accomplished appeal lawyer from Spolin Law, PC review the trial record and explain your options.
With our history of getting wrongful convictions overturned, uncovering jury mistakes, and securing the release for countless individuals, we have the knowledge and fierce commitment to helping help your case.
How Are Juries Selected?
Different states have different means of selecting their jurors for trials. In California and Texas, for example, jury members may come from records provided by the DMV, or voter registration lists. Other states, like New York, may select jurors from income tax, unemployment or family assistance, or volunteer records.
Once the jury members are summoned to court, they are placed on panels for select trial juries.
How Should a Jury Decide on a Verdict?
Upon hearing the final arguments and receiving instructions from the judge, the jury members leave the courtroom to deliberate. Many states, including California, have a lead juror, or presiding juror, that heads the discussions, collects the jurors’ votes, and delivers the final verdict. The bailiff guards the jury room so that no one enters during deliberation.
Oftentimes, the court will provide the jurors with all possible verdicts in written form, so that the presiding juror only has to choose the correct verdict form after deliberation has ended.
In some cases, like those in federal court, the jury’s decision must be unanimous, with the exception of some civil cases.
The jurors may also be sequestered or secluded from all contact with other people, newspapers, and news reports, if they cannot reach a unanimous verdict by the end of the day. However, the jury will usually be allowed to go home at night in most cases. The judge instructs jury members not to view or read reports of the case in the news, nor are they allowed to discuss the case outside of the jury room.
If the jurors cannot reach a unanimous verdict, it is referred to as a hung jury, which will lead to a mistrial. Since the case is not decided at this point, it may be tried again at a later date before an entirely new jury. Another option is for the prosecutor or plaintiff to drop the case, which removed the need for a retrial.
What Is Reversible Juror Error?
While everyone makes mistakes, what happens when the error is made during a jury trial with consequences as serious as a criminal conviction or incarceration.
If the jury’s error was so significant that it is considered a reversible error, it could be grounds for appeal. The most common type of reversible jury error stems from poor jury instructions, but other possibilities include whether the evidence or testimonies were improperly introduced or there was insufficient evidence to support a conviction.
What’s the Next Step if You Suspect Juror Error?
It can be hard to identify when reversible juror error occurs, since deliberations happen behind closed doors and juries rely heavily on instructions for legal context. For instance, if the jury receives improper instructions, it’s highly unlikely they will reach a fair verdict.
If you or your trial attorney believe a reversible juror error occurred, it’s best to consult an experienced appeals attorney who can review the trial record, the judge’s instructions, and identify anything that may have resulted in an unfair result.
How Spolin Law, P.C. Can Assist You
At Spolin Law, P.C., we know how much damage a wrongful conviction from a jury’s error can inflict on someone’s life. But our understanding of how jury errors are made and what it takes to reverse these mistakes has exonerated many of our clients and helped them get their lives back.