Fighting Back Against Improperly Admitted Evidence 

A criminal conviction can have life-altering consequences, including loss of freedom, reputation, and job prospects. However, not all criminal convictions are fair and just. Sometimes, the evidence used to convict a defendant is obtained or presented in violation of their constitutional rights. 

In such cases, defendants have the right to appeal their conviction and seek relief from a higher court. This article explores the grounds for appealing a criminal conviction based on improperly admitted evidence, the process of filing an appeal, and the importance of hiring an experienced criminal appeals lawyer.

Exploring Your Options for Appealing a Criminal Conviction

If you have been convicted of a crime, and you believe that your conviction was based on improperly admitted evidence, you may be wondering what your options are for appealing the decision. One option is to file a direct appeal, which is a formal request to a higher court to review the lower court’s decision. Direct appeals typically focus on errors of law or fact that occurred during the trial or sentencing.

Another option is to file a writ of habeas corpus, which is a legal petition that challenges the constitutionality of a conviction or sentence. A writ of habeas corpus can be filed in federal or state court, and it typically argues that the defendant’s constitutional rights were violated during the trial or sentencing process. Habeas corpus petitions are often used when direct appeals are not available or have been exhausted.

Grounds for Appealing a Conviction Based on Improperly Admitted Evidence

In criminal trials, the prosecution must prove its case beyond a reasonable doubt using admissible evidence. Admissible evidence refers to evidence that is relevant, material, and obtained lawfully. However, sometimes, the prosecution may use evidence that was obtained in violation of the defendant’s constitutional rights, such as the Fourth Amendment’s protection against unreasonable searches and seizures or the Fifth Amendment’s privilege against self-incrimination. 

Similarly, the prosecution may use evidence that is irrelevant, unreliable, or unduly prejudicial, such as hearsay or character evidence. If a defendant believes that their conviction was based on improperly admitted evidence, they can appeal the conviction on the following grounds:

  • Violation of Constitutional Rights: If the prosecution obtained evidence through an illegal search and seizure, coerced confession, or other constitutional violations, the defendant can argue that the evidence should have been excluded and the conviction was based on tainted evidence.
  • Inadmissible Evidence: If the prosecution used evidence that was irrelevant, unreliable, or unduly prejudicial, the defendant can argue that the evidence should have been excluded, and the conviction was based on a flawed case.
  • Jury Misconduct: If the jury was exposed to or considered evidence that was not admitted in court, or if the jury was influenced by outside factors, such as media coverage or public opinion, the defendant can argue that the jury was prejudiced and did not reach a fair and impartial verdict.
  • Ineffective Assistance of Counsel: If the defendant’s lawyer failed to object to improperly admitted evidence or failed to present a strong defense, the defendant can argue that they did not receive a fair trial, and the conviction should be overturned.

Process of Filing an Appeal

To appeal a criminal conviction, the defendant must file a notice of appeal within a specific time frame, usually within 30 days after the judgment is entered. The notice of appeal must specify the grounds for appeal, the relief sought, and any errors that occurred during the trial or sentencing.

After filing the notice of appeal, the defendant’s lawyer will prepare a brief, which is a written argument that outlines the legal and factual basis for the appeal. The prosecution will also file a brief in response, arguing why the conviction should stand. The defendant’s lawyer will have the opportunity to file a reply brief, responding to the prosecution’s arguments.

The appellate court will then review the briefs, the trial record, and any oral arguments presented by the parties. The appellate court will decide whether to uphold the conviction, reverse it, or remand the case for a new trial or sentencing. The appellate court’s decision is final, subject to review by a higher court, such as the state Supreme Court or the U.S. Supreme Court, in rare cases.

Importance of Hiring an Experienced Criminal appeals lawyer

Appealing a criminal conviction is a complex and challenging process that requires specialized knowledge and skills. Criminal appeals lawyers are experienced attorneys who specialize in appellate law and have a deep understanding of the procedural and substantive aspects of criminal appeals.

Hiring a federal appeals lawyer can make a significant difference in the outcome of an appeal. Appeal lawyers can identify and argue legal and factual errors that occurred during the trial or sentencing, research and apply relevant case law, and draft persuasive legal briefs that effectively present the defendant’s position. 

Additionally, appeals lawyers can help defendants navigate the complex and often confusing appellate process, file the necessary documents on time, and prepare for oral arguments.

When hiring a criminal appeals lawyer, it is essential to look for a lawyer who has extensive experience in handling criminal appeals and a track record of success. Lawyers who specialize in criminal appeals often work in larger law firms or specialize in boutique appellate law firms. One way to find a criminal appeals lawyer is to search online for “criminal appeals lawyer” or “appellate law firm” in your area. You can also ask for referrals from other lawyers, law professors, or legal organizations.

In addition to experience, it is also crucial to look for a lawyer who is responsive, communicative, and empathetic. Appellate law can be a slow and frustrating process, and defendants may feel isolated and anxious. A good criminal appeals lawyer should be available to answer the defendant’s questions, explain the legal issues in simple terms, and provide emotional support throughout the appeals process.


Appealing a criminal conviction over improperly admitted evidence is a legal process that requires the expertise of an experienced criminal appeals lawyer. If you believe that your conviction was based on tainted evidence, it is crucial to seek legal advice and guidance from a reputable law firm. 

Brownstone Appeal Lawyers is a boutique appellate law firm that specializes in criminal appeals and has a proven track record of success. Their team of skilled lawyers has the knowledge, experience, and dedication to help defendants navigate the complex appeals process and fight for their constitutional rights. 

By hiring Brownstone Law Appeal Lawyers, you can have peace of mind knowing that you are in good hands and that your case is being handled by top-notch appellate attorneys who will work tirelessly to achieve the best possible outcome for you.

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Written by Ron Miller