Montgomery County Fraud Appeals
Fraud rulings are not always as fixed and final as they seem. There are a variety of reasons that people might choose to pursue Montgomery County fraud appeals. One of those reasons could be, that the individual is actually innocent of the fraud offense they have been charged with. Innocent people get charged with fraud all the time. People are charged with fraud because investigations are faulty, because allegations are made by an unreliable party, and because of some bias or misinformation. If you believe there was a miscarriage of justice in your fraud case, seek the services of a dedicated fraud attorney that could help you appeal your case.
The Process of Appealing a Fraud Case
If someone is appealing from a district court level, the process of Montgomery County fraud appeals would involve filing a notice of appeal at the district court clerk’s desk and going through the procedures in the circuit court with the pretrial conference as well as the actual motions at trial hearing to have the matter heard. If someone is filing an appeal out of the circuit court, they would have to plea notice of leave to appeal, which would need to be reviewed to determine whether or not there were appropriate grounds for an appeal.
Why Someone Might Not Want to File for an Appeal
A person might not want to file an appeal if the consequences that are associated with being convicted after the appeal for having their conviction upheld are more serious than they would be if they were stuck with the sentence that had originally been imposed upon them.
Considerations When Filing for an Appeal
When filing Montgomery County fraud appeals, people should consider working with an attorney who is competent with respect to the issue of appeal. Sometimes an appeal could hurt someone more than it could help them. For example, if an appeal is granted with respect to a district court case and it is filed, the consequences could sometimes be more serious if they are convicted after the appeal than if they were at the district court level with respect to the sentencing.
Talking to an attorney who has experience in handling those appeals and handling cases in that particular county is important to help make a determination about whether filing an appeal would be an appropriate decision or whether it might be a decision that is more harmful than helpful with respect to the case.
Role of an Attorney in a Fraud Appeal
A fraud appeals lawyer is going to play the role in appeals of making sure that, depending on whether the case was an appeal from the circuit court or an appeal from the district court, there are appropriate grounds to request an appeal, and put those grounds before the court. A district court appeal is much easier to achieve because most district court cases are granted a de novo appeal right to a new trial. Circuit court appeals are a little bit more difficult and would require a person to make a demonstration to the court that there was good cause or a basis within the law to request that appeal.
Likeliness of Being Granted a Fraud Conviction Appeal
The likeliness that a person would be granted a fraud conviction appeal depends on where the conviction takes place. If a person is convicted of a fraud-related offense in the district court, they have the ability to appeal those charges on a de novo appeal, which would allow them to go to the circuit court for the county that they were in and request a new trial. If granted a new trial, the only information that could be brought from the original trial would be matters that were eligible or used during cross-examination to impeach a witness in case they made a statement that was different under oath in the appeal than what they said at the district court level.
In a circuit court fraud conviction case, appeals are much more difficult. There are limited grounds for which one would be granted an opportunity for an appeal. Those would be things like whether the court had jurisdiction, whether the court imposed an illegal sentence, whether the plea was entered freely and voluntarily, or whether the attorney was competent.
Value of Hiring an Experienced Montgomery County Fraud Attorney
It is important to hire an attorney with experience working on fraud appeals in Montgomery County, because fraud appeal cases are complex in their nature, often dependent upon whether or not evidence would be admissible with respect to a particular case. Often times, whether or not a case is appropriate for appeal is going to depend on the evidence that was presented and how it was interpreted. If evidence was incorrectly admitted, an appeal might be the appropriate decision to make because one would want to have a review conducted by another judge about whether or not the evidence was properly used during the course of the initial trial.
There are many reasons to consider an appeal. Having an attorney who has experience with filing appeals, determining the pros and cons of filing that appeal, and developing strategy is going to be extremely important in helping someone determine whether or not that is the appropriate course of action. If an individual is considering filing an appeal, they should contact an intelligent fraud lawyer that could help.