For the past years, Richmond Hill criminal lawyer has helped many clients present new evidence to the court of appeal for their cases to be reconsidered. Usually, a criminal appeal lawyer prepares a request relying explicitly on the evidence which was presented during the hearing of the case.
In some cases, Richmond Hill criminal lawyer can table down fresh evidence to the court of appeal. This helps in persuading the court of appeal to change the conviction or minimize the severity of the sentence given at the trial chamber level.
- Is It Easy To Admit Fresh Evidence On Criminal Appeal?
One key thing the court must decide is whether allowing the admission of fresh evidence is in the interest of wheels of justice. In this case, the court has to keenly evaluate all the circumstances before it before it can decide whether to accept or reject the new evidence. Note that the appeal court doesn’t consider only one factor to give its verdict.
- How Do The New Evidence Affect A Trial Verdict?
There are different ways in which the new evidence can affect reliability; first, it can develop doubt on the theory advanced by the jury. Secondly, it can undermine the credibility of the crown’s testimony.
- What Changes When New Evidence Is Accepted?
If the court of appeal accepts the new evidence presented to it, the only remedy is to reverse the verdict and order the trial to start anew. This is the critical reason why crown fight so hard to win over the court to throw away the fresh evidence.
- Calling New Evidence on the Sentence Appeal.
When appealing against the sentence, there is a high probability that both the court and the crown will accept the fresh evidence. In the context of sentencing, the new evidence can offer the court of appeal the information that was lacking before the judge during the time of trial. This is especially so when the accused is released on bill waiting for appeal for the period awaiting the hearing of his/her appeal. The new evidence brought to the court can make the court of appeal minimize the length of the sentence or remove the jail sentence altogether. The fresh evidence can also be used to change the sentencing order in different ways.
The fresh or new evidence is a valuable tool to take the client’s case to the next level before the appeal court. However, you need the experience of Richmond hill criminal lawyer, and its team of experienced personnel to evaluate and determine whether the case you want to appeal is one that can go through assisted by new evidence, and also how to strategize to present this fresh evidence to the appeal court to increase your chances of success.