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Pros and Cons of a Henson Trust

When you are considering disability planning options, Henson Trusts will likely come up at some point. Here are some pros and cons to this possible course of action of which you need to be aware.

Advantages of a Henson Trust

A Beneficiary Can Receive Public Benefits

The first major advantage of the Henson Trust is the obvious one, and it is the reason why people set it up in the first place. It allows for a beneficiary to receive public benefits without having to use the money that is placed in the trust. Normally, public authorities will have a means test for public benefit, and that money would count against the beneficiary. The usual limit on assets is $40,000. The Henson Trust takes the money out of the beneficiary’s control and puts it in the hands of the trustee. This essentially removes their legal ownership of the assets.

The Beneficiary Will Be Provided for During Their Lifetime

The Henson Trust will also ensure that the beneficiary is provided for over the course of their lifetime. The assets in the trust can be used for the benefit of the person with special needs, and it will improve their quality of life. This could include care and other material support that they need to have a better situation. The trustee is free to use these assets for the benefit of the person with special needs as they see fit, thanks to the absolute discretion that they have.

With the money in the trust, the beneficiary will always be provided for, so long as there are still assets. This is an invaluable way for families to know that their disabled loved ones will be taken care of long after they are gone. Families can place an unlimited amount of money in a Henson Trust, and it will give them peace of mind.

The other important reason for a trust other than preserving benefits, is for when the person cannot manage the inheritance themselves or would be vulnerable, manipulated or abused, therefore, requiring a trustee. There are also certain cases when the person is not on ODSP but still needs a trust to manage their inheritance.

The Tax Rates on Trust Income Are Lower

There are also tax advantages of placing assets in a Henson Trust. Presumably, the trustee will be investing the money and using it to earn dividends or other investment income. In the case of a regular inter vivos trust, the tax rate will be the highest marginal rate, and there could be quite a tax hit when there is income. Henson Trusts allow for the beneficiary’s income to be used as a base for the tax rate. Considering that there are strict income limits that govern the receipt of public benefits, it ensures that the tax rate will be very low.

Drawbacks to a Henson Trust

While many people find Henson Trusts to be beneficial for the reasons stated above, here are some things that may give them concern.

The Trustee Has Wide Discretion

One of the major possible drawbacks of Henson Trusts will not always be a problem. The trustee is given an incredible amount of power over the money as they have absolute discretion over the assets. They can invest them as they see fit and provide for the beneficiary as they choose. The settlor is showing a very high degree of confidence in the trustee that they will both be smart with the assets and take care of the beneficiary. In most cases, this is not a problem, but it can be an issue if the settlor ends up choosing the wrong person as trustee.

The Laws Change Frequently

Another possible disadvantage is the fact that the laws of Henson Trusts seem to change frequently. Every so often, one of the provinces may even try to mount an attack on the legality of these trusts as they cost governments money. ODSP could alter the rules for eligibility for public benefits, including those on distributions and purposes for which the money may be used. The good news is that one province tried to challenge the legality of Henson Trusts. In 2018, the Canadian Supreme Court reaffirmed their legality, so they are seemingly here to stay, albeit with the possibility of changed rules. A Henson Trust lawyer could advise you of the current legal rules that could affect your disability planning.

There Could Be High Costs

Finally, the costs of establishing and operating a Henson Trust could eat into the assets. While Henson Trusts provide valuable benefits, there is a fee to establish the trust. In addition, many settlors will decide that the best way to manage the money is to hire a professional trustee. While this may maximize the investment performance, you would pay a percentage of the assets each year as fees. In addition, you would also need to prepare tax returns and will have other administrative requirements, each of which cost money; however, many families find that the ability of the beneficiary to receive public benefits far outweighs the costs of the trust.

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5 Things You Should NEVER Do in your Custody Battle.

It’s time to address your child custody battle against your ex, for you to properly prepare yourself consider some of the suggestions below. Before you go ahead and apply all these concepts you should ask yourself if you should set up a consultation with child custody lawyers for an easier process. to get qualified and experienced child custody lawyers.

1: Try to Avoid Saying Anything Unnecessary To Your Ex

How you discuss and act around people during your custody battle will express how you might act in your home which overall affects your assessment. The best method to make sure this does not occur is to ensure you don’t cause any harassing or disrespectful discussion with the other party. Almost certainly you will have to talk with the other party and if you don’t have child custody lawyers as a messenger you need to be smart, so mentally prepare yourself beforehand when preparing a discussion.

2: Evade Any Physically Confrontation With Your Ex

This builds off the prior suggestion but making sure to explain how physical confrontation is much more severe. If something like talking smack can have an impact on the judge’s decision it isn’t hard to believe that physically confronting your ex might create a more harsh penalty. Luckily throughout the process you won’t need to meet your ex face to face, and even in some scenarios like dropping off the kid, this can be minimalized with some smart planning. Make sure that something like physical fights does not occur as this would have a terrible ruin your overall chances.

3: Make Sure to Have All Child Support and Other Debts Paid

One of the best ways to prove to the judge that you are a responsible parent is to make sure all your debts are paid. This is especially true when it comes to child support and other family matters as these directly impact their decision of if you can take care of children. Having debts can show that the parent does not have a decent income or that they lack the awareness to make sure all their debts are paid. This is why it is very crucial to make sure to keep up to date with your debts.

4: Allow Your Ex To See The Kids

Even though some parents might not like this, letting your ex see the kids is important. First off, denying the other parents the right to see their kid can give them the opportunity to object your behaviour and call you in to the spotlight for not respecting the agreement. By dedicating some of the child’s time to the other parent it shows that you have the kids best interest at heart as you allow them to receive the proper growing environment.

5: Don’t Start Dating Till The Custody Battle Has Finished

This one may seem more obvious than the others but bringing up this point is important. If you start dating immediately after splitting up this can demonstrate that you might have made this decision without considering the effect on the child. This time should be spent talking with your children and family to create a smooth transition.

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LawyerPersonal Injury

KEY THINGS TO KNOW BEFORE HIRING A PERSONAL INJURY LAWYER

Whether you encountered an injury due to a car accident, malpractice, violent assault, or work-related accidents, you don’t deserve to handle the aftermath of the accident on your own. Hiring a personal injury lawyer in Houston helps you receive the legal counsel you need to pursue your compensation and get the legal protection you need. That is especially if your injuries are severe. You will want to work with a personal injury lawyer to pursue your compensation as you focus on recovering.

With an experienced personal injury lawyer Houston, you get an unmatched image to represent you and help you get the reasonable amount of compensation you deserve based on the physical and psychological anguish that you have gone through. Here are some insights to know before hiring a personal injury lawyer.

The initial consultation will be free.

In most personal injury law firms, the initial consultation is free, so do not be afraid to visit or call a personal injury law firm and discuss your case’s details. Whether you were involved in a car crash, bitten by a dog, fell at work due to a construction company’s negligence, you deserve proper legal representation to get fair compensation. Based on the evidence and details of your claim, the lawyer will determine if you have a viable case.

Choose an experienced personal injury attorney.

Choosing an experienced personal injury attorney is vital as it largely determines the outcome of your claim. Before you hire them, ensure you ascertain if they specialize in personal injury cases and how far their experience extends. Such a consideration boosts your chances of winning the case.

A trial may not be necessary.

A trial may not be necessary in a personal injury case. For instance, if you were injured at work due to someone else’s negligence and they are willing to solve the case out of court, the case doesn’t need to go to trial. But you should ensure you have a personal injury lawyer on your side to file all the legal paperwork, handle the insurance and act as a bridge between you and the fault party.

Most personal injury attorney handle cases on a contingency

You may be concerned about the high fees of pursuing your injury claim, but that should not bother you. Many personal injury lawyers offer services on a contingency plan, meaning that you pay them once you get your compensation. That means you don’t have to pay fees upfront to get their representation. The legal fees may be deducted from the compensation awarded in the end.

Be careful of ambulance chasers.

If you have sustained injuries in a car accident, hiring a personal injury lawyer to represent you always works to your benefit. But beware of ambulance chasers. Ambulance chasing is illegal in various states, so beware of any attorney who comes knocking at your door to represent you. Ensure you do all the due research to hire a reputable personal injury lawyer.

A personal injury claim is not a quick fix.

Do not expect your compensation sum to be reimbursed immediately to your account. Personal injury cases take time to resolve, but you are guaranteed the best services with a trustworthy lawyer.

The takeaway

Even though a personal injury attorney may not be able to guarantee the outcome of your injury claim, they will offer you all the legal help you need.

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What To Do After Getting Injured In A Hit-And-Run Accident

If you are involved in an auto accident that leaves you with serious injuries, you will already be dealing with many issues. However, when your injuries have been caused by a hit-and-run driver, your case becomes even more complex. Since you must be able to find and identify the driver who hit you before you can file a claim with the insurance company of the at-fault driver, time is of the essence. To make sure you receive compensation to pay medical bills, replace lost wages from your job, and ease your emotional and physical pain and suffering, be sure to take these steps following your accident.

Remain at the Scene

Even though you may be tempted to chase down the driver who hit you, it is best to remain at the accident scene. If you don’t, an insurance company could raise doubts that the accident even took place as you stated.

Call Police

As soon as you can after the hit-and-run, call police to the accident scene. By doing so, you can give them a description of the vehicle that struck you, and hopefully the license plate number as well. Also, police will file an accident report documenting what took place, which will be critical when you file your claim with an insurer.

Seek Medical Attention

Even if you are not sure whether or not you have suffered serious injuries, seek medical attention following your accident. Whether this means allowing paramedics to examine you at the scene and take you to a hospital for further evaluation or choosing to visit your family doctor within the next day or two, don’t delay seeking treatment. Since some injuries, including whiplash and brain injuries, may not display symptoms immediately, don’t put your health at risk unnecessarily. In addition, delaying treatment will also let an insurance company claim you were never seriously injured in the accident.

Document the Accident

If possible, take photos of the damage to your vehicle, any visible injuries you have, and anything else you think may be relevant. In doing so, you will make it hard for an insurance company to claim the accident never happened.

Speak to Witnesses

If others saw what happened, try to get statements from as many witnesses as possible. Along with this, make sure you get their contact information, since your attorney will probably want to speak to them later on to get more details about the accident.

Hire an Experienced Attorney

Perhaps most importantly of all, hire an attorney who is experienced in handling hit-and-run auto accident cases. Along with giving you objective advice about your case, your attorney can also conduct an in-depth investigation into the accident, negotiate a settlement with the insurance company, and make sure your legal rights are protected throughout the process.

If you have been injured by a hit-and-run driver, hold them accountable for their reckless endangerment of your life. To do so and get the compensation you deserve, consult an auto accident attorney at D.R. Patti & Associates.

D.R. Patti & Associates

https://vegaspifirm.com/

720 S. 7th Street, 3rd Floor Las Vegas, Nevada 89101

(702) 331-3391

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THINGS TO CHECK WHEN HIRING A TRAFFIC LAWYER

The roads we use every day are always busy, which is why every driver needs to be extra careful when driving. Unfortunately, we all are humans and are prone to traffic mistakes and offenses. When driving, you can accidentally make a traffic mistake that can cause severe issues and land you in big trouble. In such a situation, you will get arrested and charged for the traffic offense you have committed. That results in a penalty depending on the severity of your traffic offense.

When you fall victim to any traffic offense in Glasgow, whether guilty or innocent, you need to find Glasgow Road Traffic Lawyers to help you out with your case. You should hire a good traffic lawyer to represent and defend you in court. Since choosing the best traffic lawyer can be challenging, here are the factors you should consider.

Licensing

You need to hire a traffic lawyer that is licensed to practice in your state. As such, he/she must have the right credentials that allow him/her to offer legal services to clients. Check their educational background as well to ensure they are qualified from a reputable law school. That way, you can be confident you are hiring a well-qualified traffic lawyer.

Specialization

When hiring a traffic lawyer, you need to enquire about their area of specialization. Hiring the wrong lawyer is the worst thing you can do when charged with a traffic offense. Do not hesitate to ask for their previous records of similar cases. That is the only way you can be sure you are hiring a successful lawyer. If your case is complicated, avoid traffic lawyers that have dealt with only minor traffic cases. You need to know if the traffic lawyer can deal with a traffic case as complicated as yours and win the case.

Experience

Experience matters a lot when hiring a road traffic lawyer. Note that more experience results in high proficiency. It is okay to prioritize the number of years the traffic lawyer has practiced. Furthermore, hire a traffic lawyer with a good record of the traffic cases they have handled before. You should keep in mind that a highly experienced traffic lawyer will have higher rates than other lawyers, which means high proficiency when dealing with your case. That is not to say that new traffic lawyers in the field cannot handle your case. If your case is complicated, you need a traffic lawyer with a good record of handling such cases.

Ask for referrals

Referrals are beneficial when looking for a traffic lawyer. Ask your family and friends if they have dealt with a traffic case before and how the experience was. Listen to what they have to say concerning the traffic lawyers they hired. If you get a referral to a specific lawyer, do a background check, and if they offer quality services, you can hire them.

Do your research

When looking for a road traffic lawyer, do your research on law firm websites and gather as much information as possible. That will help you find a reliable road traffic lawyer.

The bottom line

Before hiring a traffic lawyer, check their website, learn more about them and gather more information to ascertain if you can rely on them.

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Benefits of Having a Truck Accident Lawyer

When the driver of a large truck, big rig, or tractor-trailer negligently brings about a collision with a smaller vehicle, the result can be devastating and sometimes deadly. In most instances, the driver and passengers in the smaller vehicle suffer the more serious injuries, such as fractures, broken bones, head and brain injuries, and spinal cord injuries.

If you are injured in a truck accident that takes place in New Jersey, the insurance company for the at-fault truck driver or trucking company may supply the necessary insurance coverage. However, in many instances, insurance companies significantly under-value these claims and will look for ways to limit settlements and payouts to accident victims. After all, insurance companies want to try and save themselves as much money as possible.

Sometimes, insurance companies will claim that the accident victim was not injured to the extent he or she claims and refuse to cover all injury-related losses. In other situations, insurers might challenge liability for the accident to avoid paying some or all of the victim’s losses.

Fortunately, a New Jersey truck accident lawyer at Leonard Legal Group is here to help. Our firm can negotiate on your behalf and work to help you obtain the monetary compensation and damages that you deserve for your injuries. If the truck driver or trucking company’s insurer refuses to pay you the compensation you need, we could file a lawsuit against the at-fault party in the state court system and litigate your case to a conclusion there.

How a New Jersey Truck Accident Lawyer Can Help

If you have been injured in a truck accident that was caused by a truck driver and/or trucking company’s negligence, there are several ways that a New Jersey truck accident attorney could assist you with your case. An experienced lawyer could help you with all of the following and more:

  • Investigating the cause of your accident and determining which individuals and entities to name as potential defendants in any lawsuit that is filed
  • Gathering all of your medical treatment records and bills and submitting a demand package to the adjuster for the at-fault truck driver’s insurance company
  • Negotiating with the adjuster to obtain a settlement offer that is full/fair and which truly compensates you for your injuries and related pain and suffering
  • Helping you decide whether you should accept a settlement offer that the insurance company puts on the table
  • If necessary, litigating your case in the state court system, or in the alternative, resolving it by way of mediation or arbitration

Call a New Jersey Truck Accident Lawyer Today

If you have been injured in a truck crash that was caused by a negligent driver or some other responsible party, a skilled New Jersey truck accident attorney at Leonard Legal Group may be able to assist. We can help you pursue a result that fully compensates you not only for your injuries, but also for the pain, suffering, and inconvenience that you had to endure because of your truck accident. To schedule a free consultation and case evaluation with a New Jersey truck accident attorney, please contact us online today.

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The Role of Car Accident Lawyer in Compensation of Victims

Accidents can cause financial struggles in a family. There are medical bills to pay and a need for money to provide for dependents.  On the other hand, a person in a car accident can call the Shrum law office to have a car accident lawyer take up the case on your behalf. The legal experts have the qualifications and experience of following up with an insurance company. They can also instigate a lawsuit to sue the other party for causing an accident due to negligence. Read on to get insights on the role of a car accident lawyer for victims.

What does a Car Accident lawyer do?

The role of having a lawyer is that the victim of car accidents can have someone who represents their interests. However, since there are scammers and fraudsters in every industry, choose a legitimate attorney for representation. A person requires time for recovery after going through a traumatic ordeal. It is why a car accident lawyer will attend the court sessions and ensure that the victim gets full recovery.

An insurance company will always negotiate on compensations and may find ways to discredit the claims. Since they are geared towards making profits on such incidences, a car accident lawyer plays a critical role in safeguarding your rights. Below are some of the functions that attorneys can play for accident victims seeking compensation;

  • They are good at conducting investigations on what led to the accident.
  • The legal expert works with the relevant authorities. It includes doctors and police officers during the investigation process.
  • Engage in tasks of analyzing the claims or lawsuit at hand to strategize and plan. An ideal car accident lawyer will seek an opinion from colleagues on ways to handle the case. They will go the extra mile to look at other cases and see the possible verdict. It helps in preparing the claims and possible compensation.
  • Their task includes undertaking the clerical duties of drafting letters, filing documents, and preparing other legal papers.
  • An attorney representing a car accident victim will talk to witnesses to establish the case and get their version of the events. It helps in reducing the chances of having doctored evidence when you have an original statement. A case becomes more potent when it has the evidence to back up the claims. Some of the attachments are a medical report and a police statement.

A Victim needs to get a Fair Compensation

There are goals and objectives to a victim using a lawyer to handle their claims. It is all about getting fair compensation for the damages as accidents may lead to permanent injuries. The claims ensure that the person liable takes the financial obligations for the treatment. The settlement is done on damages to assets and loss of income due to injury. The car accident attorney needs to calculate the right amount of compensation that befits the loss.

Conclusion

An experienced lawyer handling similar cases will know how to manage insurance companies who will most likely have legal counsel. Representation of car accident victims by a lawyer dramatically increases their chances of getting fair compensation.

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How to File a Prilosec Mass Action Lawsuit in 4 Steps

Millions of patients across the globe rely on drugs to manage different health conditions. These medications should be safe, and this isn’t always the case. In some instances some drugs pose adverse side effects, leading to drug recalls. A perfect example is Prilosec OTC. This is an antiacid drug that has been recalled by the FDA due to the many claims from patients. If you have endured severe side effects from Prilosec use, you can file a mass action lawsuit.

What are mass action lawsuits?

There are some dangerous drugs in the market, and product recalls happen each day. Some are not tested before entering the market and can harm a community or a group of people in numerous ways. The affected individuals can then file a mass action lawsuit against the pharmaceutical company.

Mass action lawsuits are actions presented by multiple individuals who have incurred damages from a similar product. The lawsuit offers an opportunity to recover from the injuries incurred and economic losses. What’s more? The lawsuit through an injection then makes changes to the drug company’s practices.

How can you file a mass action Prilosec lawsuit?

Due to the high costs associated with individual cases, most prefer mass action lawsuits. They are a cost-effective way of legal representation and are more economical. With the Prilosec recall, most people are now seeking ways to file class-action lawsuits.

Here’s how to go about it;

  1. Contact a dangerous drug attorney.

An attorney should be the first person to engage when you plan to file a Prilosec OTC lawsuit. As simple as the suit seems, you can’t do this in an attorney’s absence. The professional will determine your eligibility for filing the claim and guide you on how to do it. That’s not all! A dangerous drug lawyer will handle all the paper documents on your behalf, and argue your case in court to ensure that you get the right compensation.

  1. Sign an agreement

Once the lawyers determine that Prilosec harmed the group of people, you can now sign an agreement with the attorney and file the case. The case should include all the allegations for the lawsuit.

  1. Class certification

Class scarification is the most critical step in mass action lawsuits. Before you file the class action complaint, the class should be certified by a court. The court commences the certification process, or the plaintiff files a motion to get class certification before the lawsuit can proceed.

To qualify as a class action, the group should consist of at least 30 persons.

  1. Due process& Individual notification

A notice describing the class is sent to all the individuals involved in the lawsuit. At this point, people forming the class can still opt-out to pursue individual cases. The primary plaintiff or the group representative also provides a compliance certificate to the court and the defendant.

Final thoughts

Following the Prilosec OTC recall, some lawsuits have since been filed. Some are individual suits, while others are mass action lawsuits. If you have been harmed by the drug and want to file a lawsuit, contact a harmful drug attorney to guide you.

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Helpful information that will help you when meeting with your lawyer for the first time

For many, meeting with a lawyer is uncharted territory and not something you will do regularly. It may seem overwhelming and you might not know what to expect from the initial meeting. To relieve any apprehensions you may have it’s a good idea to get organised beforehand. Here are some handy tips to guide you through the meeting process seamlessly.

Questions to ask at first contact

Your lawyer should advise you of what to bring when you make an appointment, if they don’t you should ask them. Ask if they charge for the initial consultation or not and what their fee structure is.

Be prepared

Before appointing a lawyer to represent you its important that they specialise in the area of law you need help with. To get the best outcome for your case you should find someone who specialises in matters similar to yours. Once you have researched firms and narrowed down your choices, you can then make an appointment. Gather necessary medical paperwork and documentation and write down anything that you think may be relevant to your case including question and contact details of pertinent people. If you can, it’s best to write a timeline of events as soon as you can after the incident when still fresh in your mind. Try to write down as much as you can even minor details that you think may not be relevant. The date and times should be noted along with any witnesses. It’s wise to keep a detailed account of everything relating to your injury, including costs, travel, time off work etc. Having everything in writing increases the likelihood of receiving an outcome you are happy with. Present all documentation to the lawyer. This can save having to book an additional appointment due to lack of paperwork and gets the ball rolling faster.

Attend the meeting

The first meeting is an opportunity for you to establish your rights and to gather as much information as you can. Take notes as you go, you can look back on these later if needed. The lawyer will ask you a series of questions to obtain an in-depth understanding of the events leading up to the incident and the incident itself. From the information gathered, they will advise you of whether you have a good case for a claim, what the best approach is given your situation and what to expect. Remember, you don’t have to go with the first lawyer you meet with. If you don’t feel comfortable with them, organise to meet with others until you find the one think will represent you best.

Questions to ask at your meeting

If there is anything you do not understand, make sure you ask the lawyer to clarify or run through what they are saying in layman terms if they are using complex legal jargon. Don’t be afraid to ask questions as you need to understand what they are saying. Here are some good questions to get you started:

  1. If the firm works on a “No Win, No Fee” basis you should ask if it is all-inclusive or if there are some things you will need to pay for along the way.
  2. If there are costs, what are they and when am I expected to pay?
  3. Based on your circumstances, ask how likely it is that your case will be successful
  4. How long does the process take?
  5. Do I need additional evidence or information to support my claim?
  6. Will you keep me updated throughout the process?
  7. What can I claim for based on my situation?

Make sure you have a full understanding of the cost agreement and clear up any areas of uncertainty before signing. Your lawyer should explain this to you and have a breakdown of the costs listed. Take the time to read this to avoid any hidden surprises down the track that can see you forking out money you hadn’t considered or budgeted for.

Discuss your expectations

You and your lawyer can talk about your expectations and what is realistic and not. It is good to have these types of open discussions to avoid disappointment. An experienced lawyer will have a breadth of experience and can give you an idea of what you can expect given your circumstances.

After your meeting

Complete tasks your lawyer has set you

If your lawyer has asked you for something such as medical records, contact numbers, further documentation etc, ensure you organise this and get it back them as soon as you can so no delays are preventing your claim from progressing.

Keep in contact

If there have been any changes to circumstances or you have remembered details that you previously left out, ensure you update your lawyer as soon as possible as it may affect your case.

Need a lawyer?

Being prepared enables you to get the most from your meetings, this is especially important if you are paying for every communication upfront, you want to be sure you are getting your money’s worth. If you are looking for an expert injury lawyer, our team can help. South East Injury Lawyers have more than 15 years experience representing Queenslanders and we know what it takes to successfully get you the compensation you need to get you back on your feet. For a free consultation with one of our senior representatives, get in touch today.

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Understanding the Common Grounds for Criminal Appeals

Criminal appeals are an essential part of the legal system, allowing defendants who have been convicted of a crime to challenge their convictions and seek a review of the legal proceedings. Appeals are typically based on specific grounds or reasons, which vary depending on the jurisdiction and the nature of the case.

In this article, we will explore the most common grounds for criminal appeals with Atlanta appeals lawyers, providing an in-depth understanding of the legal principles and issues involved.

Ground 1: Errors in Law and Legal Procedures

One of the most common grounds for criminal appeals is errors in law and legal procedures. These errors can occur at various stages of the criminal process, including during the pre-trial, trial, and post-trial phases. Some examples of errors in law and legal procedures that may give rise to a successful appeal include:

  • Misinterpretation or misapplication of the law:

Appellate courts may consider whether the trial court correctly interpreted and applied the relevant laws in the case. If the trial court made a mistake in interpreting the law or applying it to the facts of the case, it may result in an appeal. The appeals lawyers in Atlanta especially focus on the strong grounds of to challenge the verdict.

  • Violation of constitutional rights:

Criminal defendants have various constitutional rights, such as the right to a fair trial, the right to confront witnesses, and the right to be free from unreasonable searches and seizures. If these rights are violated during the criminal proceedings, it may be grounds for an appeal.

  • Procedural errors:

Procedural errors, such as mistakes in the process of selecting a jury, admitting or excluding evidence, or giving jury instructions, can also be grounds for an appeal. If the trial court made a significant procedural error that affected the defendant’s right to a fair trial, it may result in a successful appeal.

Ground 2: Insufficient Evidence or Weight of Evidence

Another common ground for criminal appeals lawyers is insufficient evidence or weight of evidence. In a criminal trial, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt.

If the evidence presented by the prosecution is weak, inconsistent, or unreliable, it may not meet this high standard, and the defendant may have grounds for an appeal. Some examples of insufficient evidence or weight of evidence grounds for appeal include:

  • Lack of evidence:

If the prosecution fails to present sufficient evidence to support the charges against the defendant, it may be grounds for an appeal. For example, if there are no eyewitnesses or physical evidence linking the defendant to the crime, the conviction may be overturned on appeal.

  • Inconsistent or contradictory evidence:

If the evidence presented at trial is inconsistent or contradictory, it may create doubt about the defendant’s guilt. In such cases, the appellate court may consider whether the trial court should have excluded or given less weight to the unreliable evidence. If the conviction was based on unreliable evidence, it may be overturned on appeal.

  • Newly discovered evidence:

Appeals lawyers in Atlanta take into consideration if new evidence comes to light after the trial that could have a significant impact on the case, it may be grounds for an appeal. For example, if a key witness recants their testimony or new DNA evidence is discovered that exonerates the defendant, it may warrant a review of the conviction.

Ground 3: Ineffective Assistance of Counsel

The right to effective assistance of counsel is a fundamental right in criminal trials. If a defendant’s attorney fails to provide competent and diligent representation, it may be grounds for an appeal. Some examples of ineffective assistance of counsel grounds for appeal include:

  • Failure to investigate or present key evidence:

If the defense attorney fails to conduct a thorough investigation, interview witnesses, that could have helped the defendant’s case, it may be grounds for an appeal. The appellate court may consider whether the attorney’s failure to investigate orpresent key evidence resulted in inadequate representation and prejudiced the defendant’s right to a fair trial.

  • Conflict of interest:

If the defense attorney has a conflict of interest that affects their ability to represent the defendant, it may be grounds for an appeal. For example, if the defense attorney has a personal relationship with the prosecutor or another party involved in the case that compromises their loyalty to the defendant, it may constitute ineffective assistance of counsel.

  • Failure to provide competent advice:

Defense attorneys have a duty to provide competent legal advice to their clients. If a defendant’s attorney fails to provide proper legal advice on important matters, such as plea negotiations or the consequences of a guilty plea, it may be grounds for an appeal. The appellate court may consider whether the defendant’s attorney’s errors or omissions affected the outcome of the case and resulted in a denial of the defendant’s right to effective assistance of counsel.

Ground 4: Prosecutorial Misconduct

Prosecutors have a duty to seek justice and uphold the rule of law. However, prosecutorial misconduct, which involves unethical or improper conduct by prosecutors, can occur in criminal trials and may be grounds for an appeal. Some examples of prosecutorial misconduct grounds for appeal include:

  • Withholding evidence:

Prosecutors have a duty to disclose all relevant evidence to the defense, including evidence that may be favorable to the defendant. If the prosecution fails to disclose exculpatory evidence, it may constitute prosecutorial misconduct and be grounds for an appeal.

  • Making improper statements or arguments:

Prosecutors are prohibited from making improper statements or arguments during trial, such as making inflammatory remarks, appealing to the jury’s emotions, or vouching for the credibility of witnesses. If the prosecutor engages in improper conduct that prejudices the defendant’s right to a fair trial, it may be grounds for an appeal.

  • Using false or misleading evidence:

If the prosecutor knowingly presents false or misleading evidence at trial, it constitutes prosecutorial misconduct and may be grounds for an appeal. Appellate courts take allegations of prosecutorial misconduct seriously and may review the prosecutor’s conduct to determine if it had a prejudicial impact on the defendant’s right to a fair trial.

Ground 5: Judicial Error or Bias

A good criminal appeals lawyer can use judicial error or bias as grounds for a criminal appeal. Judges have a responsibility to ensure that the trial is conducted fairly and impartially, and any errors or bias in their rulings or conduct may result in an appeal. Some examples of judicial error or bias grounds for appeal include:

  • Erroneous evidentiary rulings:

If the trial court makes erroneous evidentiary rulings that affect the admissibility or exclusion of evidence, it may be grounds for an appeal. For example, if the trial court allows hearsay evidence to be admitted or excludes relevant and admissible evidence, it may constitute judicial error and be a basis for an appeal.

  • Bias or prejudice:

If the trial judge displays bias or prejudice against the defendant during the trial, it may be grounds for an appeal. Judges are required to be neutral and impartial, and any appearance of bias or prejudice may undermine the integrity of the trial and result in a successful appeal.

  • Incorrect sentencing:

If the trial court imposes an incorrect or illegal sentence, it may be grounds for an appeal. For example, if the trial court imposes a sentence that exceeds the statutory maximum or minimum for the offense, it may constitute a judicial error and be a basis for an appeal.

Criminal appeals serve as a crucial mechanism for defendants to seek redress for potential errors or injustices in the criminal justice system. Grounds for criminal appeals can include errors in law and legal procedures, insufficient evidence or weight of evidence, ineffective assistance of counsel, prosecutorial misconduct, and judicial error or bias.

If you believe that you have been wrongfully convicted or subjected to unfair treatment in a criminal trial, it is crucial to seek the guidance of experienced appellate lawyers, such as Brownstone Appeal Lawyers, who can diligently review your case, identify potential grounds for appeal, and advocate for your rights in appellate court.

With the assistance of skilled appellate attorneys, you can pursue the appropriate legal avenues to challenge your conviction and strive for justice.

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