Appealing a Conviction Can Lighten Sentencing

by | Mar 28, 2013 | Criminal Lawyer

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Law can seem like a slippery subject, and even if a defendant has for representation the best attorneys in Michigan it is possible to lose a case to a team with less capable prosecutable prowess. In some cases, there is apparent evidence that is so convincing to the jury that it sometimes doesn’t seem to matter how aggressive the defendant’s team is; winning is as simple as shooting fish in a bucket, as the old proverbial aphorism has it. Usually, the weight of the conviction hangs upon the defendant’s own words, whether uttered in a confession when she didn’t know she was being recorded, or spoken during the trial itself on the stand.

Often, however, a powerful criminal appeals Grand Rapids, MI can turn a case around to either change a verdict, or at least lighten sentencing. There are many ways that this can be accomplished, but the gist is either to cast doubt on the testimony of the witness, as well as to lighten the weight of any confession made by the defendant that was used as evidence by the prosecution during the trial. Often, if it is indisputable that the seemingly damning statement was made by the defendant, a criminal appeals lawyer in Grand Rapids, Mi can pursue evidence that will cause the jury instruction to treat the confession with less weight.

The main tactic may vary, but one that has been used often by criminal attorneys during trial is to question the integrity of the witness; this can also be addressed during criminal appeals. Grand Rapids, MI attorneys have used this to attack the credibility of the witness, who is often the alleged victim, who is bringing forth the evidence of a confession in order to prove that the evidence is not what it is purported to be.

One way to attack credibility in Michigan is to take into account the factor of ‘witness interest’, which can seek to prove that any witness is seeking to satisfy less than honest interests in a trial. Often the primary interest is financial gain from the witness, which can seriously cast doubt on any testimony the witness provides. In some cases, witnesses who have recorded confessions may in fact seek a monetary settlement outside of court, depending upon the crime that has allegedly been perpetrated, before the matter ever comes to trial.

In those kinds of cases, the defendant can cast doubt on the witnesses’ motives while softening his own role, whether criminal or not, as a victim of tactics that could be tantamount to bribery. In any event, if there has been a conviction, an appellate attorney can certainly seek to lighten sentencing if the case merits the foregoing route, sometimes quite dramatically.

LaGrand & Lowery, PLLC (http://www.lagrandlaw.com/) provides professional criminal defense services for clients in Kent County, MI, including Grand Rapids, MI and other surrounding communities. We are able to represent you concerning any criminal charge you currently face. We represent clients charged with drunk driving, sex crimes, drugs and narcotics, and domestic violence cases. Contact our criminal appeals attorney in Grand Rapids, MI today for an evaluation of your case. We are located in The Waters Building, Suite 206, 161 Ottawa Avenue NW, Grand Rapids, MI 49503 | Phone: (616) 356-1770 with 24 hour availability| Fax: (616) 356-1772 | Email: dlagrand@lagrandlaw.com | Email: jlowery@lagrandlaw.com

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