Chances of Winning a Criminal Appeal
The eternal question of the condemned: What are the CHANCES OF WINNING A CRIMINAL APPEAL?. To answer this controversial question, we have contacted two of the best criminal lawyers in the country, appeals lawyers, to answer the question about the CHANCES OF WINNING A CRIMINAL APPEAL. They are the RINCÓN brothers, JAVIER and MANUEL RINCÓN BERNAL, criminal lawyers whose specialization leads them to raise hundreds of resources appellate criminal throughout the Spanish territory.
The first appreciation that the RINCÓN brothers, JAVIER and MANUEL RINCÓN BERNAL, directors of RINBER ABOGADOS, make when considering what are the CHANCES OF WINNING A CRIMINAL APPEAL, is whether they are facing a criminal conviction, with inexorable imprisonment or not, since if the sentence requires imprisonment, the needs are different than if the sentence does not entail imprisonment.
And this, which seems like a trivial question, is not so much, since when it comes to assessing the CHANCES OF WINNING A CRIMINAL APPEAL This factor must be taken into account, which is of paramount importance.
For these experts in criminal appeals, the RINCÓN brothers, JAVIER and MANUEL RINCÓN BERNAL, directors of RINBER ABOGADOS, the CHANCES OF WINNING A CRIMINAL APPEAL, depend on a series of factors that come to enumerate as follows:
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The success of a criminal appeal in Spain may depend on several factors that influence the court's decision. Next, we will mention some of the most relevant factors:
Solid legal foundations:
It is essential to have solid legal arguments to support the appeal. This implies identifying and precisely justifying the legal errors or procedural defects committed in the first instance judgment.
Additional tests and evidence:
Presenting new evidence or evidence that was not presented during the original trial is extremely rare and is rarely admitted, but it can strengthen an appeal. This evidence must be relevant and have the potential to alter the outcome of the case.
Interpretation of the law:
The way the law is interpreted and applied can vary between different courts and judges. Strong legal arguments may be found to support a different interpretation of the law in relation to the case at hand.
Procedural errors made during the trial can impact the validity of the judgment and provide a strong foundation for a successful appeal. These errors may include violations of fundamental rights, irregularities in the admission of evidence or failure to notify the parties.
Quality of the argument:
The way in which the arguments are presented and the appeal brief is written can influence the court's decision. It is important to present the arguments clearly, logically and supported by the relevant legal regulations.
Prior case law can be an important factor in an appellate court's decision. If there is an established line of case law that supports the arguments presented in the appeal, this can increase the chances of success.
Court of appeal criteria:
Each appellate court has its own criteria and approach in reviewing appeals. Knowing the case law and approach of the specific court can be helpful in presenting arguments more effectively.
It is important to bear in mind that these factors are general and may vary depending on the specific case regarding the CHANCES OF WINNING A CRIMINAL APPEAL as well as the applicable legislation and other specific elements.
It is for all of the above, for which we ourselves, to write this article on the CHANCES OF WINNING A CRIMINAL APPEAL We have proceeded to consult the BEST LAWYERS SPECIALIZED IN CRIMINAL APPEALS, who are RINBER ABOGADOS, JAVIER and MANUEL RINCÓN, since having the best is crucial to assess the relevant factors in your situation and provide you with adequate legal advice.