Thursday, April 23, 2015

How can supportive evidence help you in your case?

While presenting new evidences into an appeal court, a criminal appeal lawyer is needed for preparing a well defined appeal according to the evidences that are presented at the time of trial. With his help, you can get your conviction overturned or have a reduced term of sentence which was declared at the time of trial.

Any new evidence is presented in an appeal it forms a fresh evidence. There are indeed, higher bound set by appeal courts for not receiving such evidences. However, any fresh evidence presented by the criminal defense lawyer in Vancouver is not taken as a step to alter the facts that were once heard on the trial.

The whole approach

The first thing that the court will have to be assured of is whether it is justifiable to accept fresh evidences. It is accompanied by the process of in which the whole situation & the related circumstances are evaluated thoroughly. To cover this whole process, the appeal court needs to make out a balance between the significant factors that are given below:

•    The new evidence will not be admitted if it had previously been led at the time of trial as well.
•    Relevance of the evidence is considered of whether it will raise decisive issues in the trial.
•    The fresh evidence should be credible enough to believe it can have positive & favorable effects along with the other evidences in line.
•    The evidence should be believable.
It should be understood that all these four factors can only be helpful if used collectively& no individual factor is decisive in nature by itself.

On acceptance of fresh evidence

In case the appeal court assumes that the fresh evidence should also be presented to the trial court, you can only ask for ordering a new trial afterwards. It is because of the reason that there can be complexities in this issue that may arise in the future.

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