Can You Appeal a Criminal Conviction? When Your Attorney’s Mistakes May Matter

A criminal conviction doesn’t always mean the legal process is over. In some cases, a conviction can be appealed because important legal errors affected the outcome of the trial. One issue that sometimes arises is ineffective assistance of counsel—when an attorney fails to provide the level of representation the law requires. At Banks, Stubbs, & McFarland, we’ve handled appeals where the question wasn’t simply whether a jury reached the right verdict, but whether they were given all of the evidence they should have seen before making that decision.

What Is Ineffective Assistance of Counsel?

Every person charged with a crime has the constitutional right to effective legal representation. That doesn’t mean every guilty verdict is the result of poor lawyering. Trials are unpredictable, and even experienced attorneys can’t guarantee a particular outcome. However, when an attorney fails to investigate important evidence, prepare adequately for trial, or otherwise protect a client’s rights, those failures may become grounds for an appeal. These cases are complex, but they serve as an important reminder that every detail matters when someone’s freedom is on the line.

A Case I’ll Never Forget

One case that has stayed with me involved a man serving a lengthy prison sentence after being convicted of child cruelty involving his stepchildren. Throughout the case, he maintained there were DFCS records that supported his innocence and documented a history of unfounded allegations involving the children. Those records were never requested before trial.

When I later handled the appeal, we obtained the DFCS file. It contained numerous reports documenting prior allegations against other individuals that investigators determined were unfounded, along with statements showing the allegations involving my client had been recanted. No one can say with certainty how a jury would have ruled had they seen that evidence. What we do know is they never had the opportunity to consider it. That case has stayed with me because it reinforced just how important a thorough investigation can be before a person’s future is placed in the hands of a jury.

The Importance of Preparation

Cases like this are a reminder that criminal defense is about much more than standing up in a courtroom. The strongest cases are built long before trial through careful preparation, a thorough review of the evidence, and a willingness to investigate every lead that could help a client. Sometimes the evidence that makes the biggest difference isn’t found in the initial police report. It may be contained in agency files, medical records, witness interviews, surveillance footage, or other documents that require additional investigation.

That’s why preparation isn’t simply part of the job, it’s one of the most important responsibilities we have as criminal defense attorneys. Every client deserves to know that every reasonable avenue has been explored and every piece of relevant evidence has been considered before their case is presented in court.

Experience Matters

No attorney can promise a particular outcome, and not every appeal is successful. But every client deserves to know their attorney thoroughly investigated the facts, pursued every reasonable lead, and did everything possible to protect their rights. That’s the standard we hold ourselves to every day because the consequences of a criminal conviction can affect every aspect of a person’s life.

If You Have Questions About a Criminal Appeal

If you or someone you love has been convicted of a crime and you’re concerned that important evidence wasn’t investigated or your case wasn’t properly handled, you don’t have to navigate the appeals process alone. Click the "Contact" tab at the top of our website to request a consultation with the criminal defense attorneys at Banks, Stubbs, & McFarland. We’ll evaluate your case, explain your legal options, and help you determine whether an appeal or other post-conviction relief may be available.