My husband was convicted on a he said she said case. No evidence at all. What are his chances on an appeal?
2 attorney answers
Generally speaking, your chances are MUCH BETTER at trial than they are on appeal. Especially if you have a top-notch trial team.
An appeal isn't a do-over. The purpose is to address legal errors during the trial... but most errors must be "preserved" before the appeals court even has the ability to do anything about it... and most errors do not require a new trial to fix.
Probation still requires a plea of Guilty or No Contest (which are basically the same in this type of case.)
Unfortunately, you can't go back in time and hire a better defense team so all you can do is hire the best criminal APPEALS specialist available and hope that somebody made a significant legal mistake during the trial.
This is not legal advice. Avvo Q&A does not establish an attorney-client relationship.
Her testimony was evidence. An appeal is based on saying that something was done during the trial that should not have been. Did the judge make an improper ruling? Was evidence allowed that should have been excluded. Filing for an appeal does not get him an automatic new trial. You should speak with his trial attorney. They are the person that knows if there were any issues during the trial.
Wishing you the best.
This answer is for general information purposes only. This answer does not create an attorney-client relationship. Since this is a public forum, the information provided is not protected by the attorney-client privilege.