Being convicted of a criminal offense is always distressing, and never more so than if you were wrongly convicted due to mistakes made by a judge, jury or the police. This firm handles “post-trial” practice, which means any actions taken in the trial court directly after the trial is over, and also handles appeals and petitions for post-conviction relief. A criminal appeal in Mississippi is the next step after trial if there is an unfavorable result. Most of the time, the best step after a conviction is to hire a new attorney who is capable of handling a criminal appeal in Mississippi.
Our criminal post-trial practice includes:
- CRIMINAL APPEALS in the Court of Appeals of Mississippi, the Supreme Court of Mississippi, and the United States Court of Appeals for the Fifth Circuit;
- POST-TRIAL MOTIONS in state and federal court;
- SENTENCING MOTIONS in state and federal court;
- CONDITIONS OF CONFINEMENT – negotiations with the Mississippi Department of Corrections and the Federal Bureau of Prisons as to terms of confinement, including transfer to a different facility, correction of commitment record or diminution credits, reinstatement of lost diminution credits, and special releases;
- POST-CONVICTION RELIEF petitions for post-conviction relief;
- HABEAS CORPUS PETITIONS and proceedings;
- PAROLE HEARINGS – proceedings before the Mississippi Parole Board
- PARDONS – applications for pardon to the Governor of Mississippi.
An “appeal” is basically your right to a review of your trial to determine if it was fair. The first hurdle and often the most difficult one is to persuade the courts of your right to appeal. In general you will require to show that a mistake was made during the course of the original case. Some common grounds for a criminal appeal are:
- Evidence – The law of evidence plays an important part in criminal law and there are strict rules as to the use of evidence in criminal courts. Some examples are admissibility of evidence, relevancy and credibility. Sometimes the judge or the police do not adhere to these rules and a good lawyer will ensure that these irregularities are highlighted.
- Jury instructions – The Constitution guarantees that criminal cases are to be tried by jury, and the instructions given to the jury by the judge are governed by strict rules. The jury must represent a cross section of society and instructions must not prejudice the jury when they make a decision.
The appellate procedure is complex and a thorough knowledge of it is required by a good attorney. In order to succeed within this branch of the law an attorney must have the ability to convince the court that a mistake was made. This in turn requires outstanding oral and written skills honed through experience.
Clarence Guthrie has such skills, having obtained experience at both trial and appellate levels. With over 200 cases and an extensive experience as both criminal prosecutor and defense counsel he has a rare insight into the workings of this unique part of the law. If feel that you or someone you know has been wrongly convicted and you would like to discuss your criminal case with us, please call The Guthrie Firm, PLLC at (601) 991-1099 or contact us online. We are here to help.