Are Appeals guaranteed to be granted, whats my chance?

[8t8y89]

• Are Appeals guaranteed?
  
  As in getting a 2nd court case?
  
  How do I improve my chances of getting a successful appeal?
  
  From my specific situation can you guess what is best for me to do?
  
  
  New information I couldnt really perform properly in my court case, because I had to block my ears from my mothers voice/mental health problems in reaction to it, (my intention was to stay quiet anyway but I was making hypothetical points and trying to undermine her also) I dont know what she said, so i couldn't counter it then and I cant counter it for the next court date , then if shes speaking again its the same situation
  
  But more than that im innocent and I have a powerful self defense case full of evidence that I didnt use because of bad advise , I also have what i think is a strong adverse inference defense. I also have truth on my side vs complexity and a cross examine
  
  Theres a really quite extreme level of injustice also im abused by her my whole life, then im having torture level mental health problems, then she does her nutter behavior cons the police and gets me arrested, so the last thing I want is to have my appeal rejected
  
  2. Identify Legitimate Grounds for Appeal
  An appeal is not a second chance to tell your story; it is a review of whether a significant mistake happened during your first trial. Successful appeals usually rely on one of the following: [1]
  • Errors of Law: The trial judge gave improper directions to the jury or wrongly admitted/excluded crucial evidence.
  • Material Procedural Irregularities: A significant mistake or bias occurred that resulted in an unfair trial.
  • Fresh Evidence: You have obtained new, credible evidence that was unavailable during the trial and is significant enough that it might have changed the jury’s verdict. [1, 2, 3, 4]
  
  
  
  I made a significant mistake does that count (by staying silent bad instruction)
  
  There's loads of evidence in terms of police solicitor Dr Hospital and social worker witnesses CCTV etc and they were not utilized the first time around because I just stayed silent
  
  The only maybe error on their part is allowing me to be unable to hear my mum because of mental illness and still carry on like Im capable enough to perform in court fairly, but I can also see that blocking my chance of a retrial because for me to perform fairly in court theyd need to shield my mothers voice from me and then read out what she said to me themselves if they have to go to extra effort it may make them more likely to decline the 2nd court date

[islandgirl]

Please keep to your original thread so readers can see the history of your case thank you

[8t8y89]

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[8t8y89]

I made a significant mistake does that count (by staying silent bad instruction)

There's loads of evidence in terms of police solicitor Dr Hospital and social worker witnesses CCTV etc and they were not utilized the first time around because I just stayed silent

The only maybe error on their part is allowing me to be unable to hear my mum because of mental illness and still carry on like Im capable enough to perform in court fairly

New evidence not just unutilized evidence

She was caught out lying in court and they refused to see her other obvious lies

She changed hair color and cried alot thinking they would fool for it

Arguing that the defense provided at trial was so incompetent it retarded the proceedings unfairly

procedural irregularity regarding my silence/evidence

• Procedural Irregularity: Demonstrating that something went fundamentally wrong with the trial process, such as significant issues with evidence disclosure or jury misconduct.
• Deficient Legal Representation: Arguing that the defense provided at trial was so incompetent it rendered the proceedings unfair. [1, 2, 3]

[8t8y89]

Apparently retrials are seldom won, is my case an exception because of my silence in court?

It seems like its obvious not beyond reasonable doubt not guilty case, but hit a technicality because of silence ie no defense and now adverse inference (which I have got a good case for)

The process seems very unfair not "legal" seeming, doing someone innocent should be a crime itself and making it unreasonably hard for them in a retrial should be against the law also

[HariSeldon]

I made a significant mistake ...

Arguing that the defense provided at trial was so incompetent it retarded the proceedings unfairly

Claiming you "received poor legal advice from a solicitor online a long time ago" will get short thrift from the Court when according to your solicitor's letter you were repeatedly warned of the consequences of your (in)actions and you chose to ignore that advice.

From your description of events it sounds like the defence solicitor did a great job considering your stubbornness in staying silent meant they had so little to work with - your suggestion that "the defense provided at trial was so incompetent" is distasteful.

We all make mistakes in life and you need to accept the consequences as we all do.

[islandgirl]

Appeals are won. I have sat on some myself which overturned the earlier magistrates verdict. However your grounds for appeal seem very weak. We have been through those before on your other thread. An appeal is not "unreasonably hard". It will follow the same process as every other appeal according to the law. You believe you are innocent - it was the Crown's duty in your first trial to prove you were not and they succeeded to the satisfaction of the magistrates.
You will have a report prepared for the sentencing bench by probation. Read it carefully. It will assess your situation fully. Their sentencing recommendation will be key.

[PallasAthena]

You refer to "poor legal advice from a solicitor online a long time ago".

How long ago did you get that advice? Can you be more specific please.

[8t8y89]

You refer to "poor legal advice from a solicitor online a long time ago".

How long ago did you get that advice? Can you be more specific please.

could be over 2 decades i cant be more specific but u can historically see my change in court style as evidence from a talking style to a silent style

[8t8y89]

the original solicitor i had did not instruct me to stay silent but enthusiastically advised me on how to , and that was at interview , does that count?

new evidence must count for the appeals chances of success

my mum only gave a shoddy lie as her evidence , thats not evidence its an opinion evidence is like a cctv film, i cant believe law and order is this unscientific

[PallasAthena]

Advice given to you 20 years before the assault you have been convicted of clearly cannot have been legal advice for what you should do at your trial last month.

So basing your appeal on that advice is a waste of time.

And do you even have any written evidence of the advice given 20 years ago? How would you even prove to the court that you had been given such advice?

[8t8y89]

Advice given to you 20 years before the assault you have been convicted of clearly cannot have been legal advice for what you should do at your trial last month.

So basing your appeal on that advice is a waste of time.

And do you even have any written evidence of the advice given 20 years ago? How would you even prove to the court that you had been given such advice?

Its almost exactly the same scenario as I asked actually. Then its generic too.

So they give a retrial very easily and automatically which is very different to what google AI has said.

I got a fine and only ahve to pay 20 a month or something and a dont go near my mother order which i didnt want to anyway so i got a near ideal result for a total fk up on my part.

[8t8y89]

Retrial is automatic and easily got apparently which is very different to what the AI said

Got a fine and I only have to pay 20 quid a month or something so thats ideal, also a retraining order but I didnt want to see my mum anyway

Then I get the money back if I win the retrial

[islandgirl]

You have to pay to appeal. If you lose you can get a more onerous or severe sentence than the original.

[PallasAthena]

Retrial is not "automatic". You have to apply for an appeal before you can get a retrial.

Also check the timescale for making an appeal. You have a limited time to submit your appeal application.