Skip to content

The Role Of Criminal Appeals Barristers

The Court of Appeal gives the persons convicted of an offence a means to appeal the decision made by the courts. In addition to giving a chance to appeal a guilty verdict, the court of Appeal also permits the convicted person to appeal against the sentence that they received.

The task of persuading judges in the Court of Appeal differs greatly from that of persuading juries since the Court of Appeal has just three senior judges with no jury. In addition, the advocacy style needs to suit this type of audience.

What good criminal appeals barristers do is to get the judges to take keen interest in the case they are arguing about and appreciate the seriousness of their complaint and strength of their arguments.

Even though you can appeal a verdict on many grounds, the most common are:

- Discovery of fresh evidence: The evidence needs to be admissible, believable, and relevant

- Errors in law made by the prosecution or judge during the trial

- In case the verdict of the jury is unreasonable and inconsistent

- Complaints about a judge summing up to a jury

In order to appeal a verdict or sentence successfully, you need first to apply to the courts for the leave to appeal or right to appeal. Once it is granted, you can proceed with the appeal.

Appealing A Conviction/Verdict

Usually, it is only possible to appeal a verdict if you had entered a plea of not guilty to the crime in the first place. Usually, you will be able to appeal the verdict if new evidence has surfaced that can alter the verdict arrived at by the court or if a particular trial process was not followed properly. You need to seek legal advice to ascertain whether any new evidence that surfaces is admissible and if it can make a difference to the outcome of your case.

A criminal appeals barrister persuades the Court of Appeal judges that a particular criminal conviction was an unsafe one in the hope that it will be quashed. In some cases, this is usually the end of the matter. However, depending on circumstances, the Court of Appeal can order for a re-trial. The re-trial gives the accused a second chance to challenge the prosecutions evidence with the hope of being acquitted by the jury.

Appealing A Sentence

You have the right to appeal the sentence that was handed down to you whether you entered a plea of guilty or not guilty.

When an appeals barrister conducts an appeal against a sentence, he or she attempts to persuade the Court of Appeal judges that the sentence the criminal trial judge passed was far too severe. A good barrister should have done this successfully over the years whereby sentences are quashed and replaced with something a bit more lenient. In some instances, sentences are reduced that the clients can go home immediately after the appeal hearing.

In conclusion, it is possible to appeal both a conviction as well as a sentence. To ensure that your appeal will be successful it is important to hire good criminal appeals barristers. They are your best chance for getting your life back.

Choosing The Right Attorney To Get Us Provisional Patent

Do you need to get US provisional patent for your new invention? Well, you should know that the process of applying and getting approved for one is very complex. Thats why it's recommended to get a patent attorney to help you with the application. However, with the correct guidance, you may be able to get a US provisional patent on your own. Here are some useful tips to do this.

Qualifications

First, all patent attorneys need to be experts in the law governing intellectual property. Here, the attorney should understand all the rules about protecting, applying and securing the rights of an inventor to his/her invention. Also, the attorneys should have passed their bar exam in their particular state. Secondly, they should have passed the patent bar exam that allows them to represent inventors before the patenting office.

It's also prudent to choose an attorney who is an expert or understands various technical areas thus making it effortless to comprehend new inventions in that niche. On that note, some patent attorneys have a bachelors degree in an engineering field or another technical field. Besides passing the states bar exam, the attorney shouldnt have any disciplinary cases on his/her file.

The attorney should also have a valid license to practice patenting law. Currently, the USPTO offers an attorney search page where a new inventor can find the best attorneys in his/her area who can provide any legal help required with the patent application process. Don't forget to choose an attorney who has a few years of experience in his/her patent law career.

Its a good idea to find an attorney who is very knowledgeable in the particular niche in which your invention falls under. For instance, if you have a software invention, it's prudent to find an attorney who is a computer engineering expert as well as the particular niche of your software invention.

Is It Worth It To Hire A Patent Attorney?

Note that, applying for a patent is very expensive especially if youre working with a lawyer. However, you can always save money by considering hiring a less qualified or experienced attorney for the job. On that note, you can look for a patent attorney based in the suburb or smaller town.

That's because most law firms in the city will charge you a higher rate than a small town attorney. It's not mandatory to hire a patent attorney who is close to you geographically. You can always communicate through the phone or email and exchange all the relevant documents needed for the application process online. An attorney who offers a free first-time consultation is also an excellent choice.

Of course, you can always forego the whole idea of hiring an attorney and file the patent on your own. However, that can only work if you have the necessary skill set to apply for the patent and guarantee automatic approval. It can only work if you adhere to all the rules and regulations set out by the patenting office.