Wrongful Conviction Appeal
The client, based in Wales, was pressured into pleading guilty to an offense they assert they did not commit, resulting in a conviction. They intend to appeal the conviction, claiming to possess evidence proving their innocence. The client is concerned that their evidence was dismissed by the prosecution after being submitted through their solicitor, allegedly due to its potential to undermine the prosecution's case. The client suspects there may have been a financial motivation behind this rejection and seeks guidance on how to pursue an appeal and address the handling of their evidence.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the grounds for appealing a conviction in my situation, and what is the process for initiating an appeal in Wales?
To appeal your conviction in Wales, you need to identify a legal ground such as an error of law, procedural irregularity, or evidence of a miscarriage of justice. Since you mentioned being pressured into a guilty plea, this could potentially serve as grounds under a miscarriage of justice. The process begins with filing a notice of appeal with the Crown Court within 28 days of your conviction or sentence. It's essential to seek guidance from a solicitor experienced in criminal appeals to help articulate your grounds of appeal and meet all procedural requirements.
How can I ensure that my new evidence is admissible in court during the appeal process, and are there any specific requirements it must meet?
To ensure your new evidence is admissible during your appeal in Wales, it must be relevant, reliable, and legally obtained. You must show that it could not have been previously presented or that its significance only became apparent after the trial. Engaging a solicitor can help assess the evidence's admissibility and ensure it is compellingly presented.
Given that I was pressured into pleading guilty, can this aspect be used as a basis for my appeal?
Pleading guilty under pressure can serve as a basis for an appeal if it can be established that the plea was not made voluntarily and with full understanding of the consequences. Demonstrating undue influence or coercion may provide grounds for appeal, so it is important to gather evidence that supports this claim.
What are the potential outcomes of an appeal, and how might this impact my current conviction?
An appeal could lead to various outcomes, such as your conviction being quashed, a retrial being ordered, or a sentence being altered. Success largely depends on demonstrating a miscarriage of justice or procedural error. If your appeal succeeds, it can potentially restore your reputation, while an unsuccessful appeal typically means the original conviction stands, without facing a harsher sentence just for appealing.
Is there a risk of receiving a harsher sentence if my appeal is unsuccessful, and how can I prepare for this possibility?
If an appeal against a conviction is unsuccessful, there is a potential risk of the Court of Appeal imposing the same or a more severe sentence. To mitigate this risk, ensure that your appeal has strong grounds. Discuss potential risks with your solicitor and prepare substantial evidence to support your case.
