On various media, we have seen umpteen times, how police officers slap the cuffs on a perpetrator of crime and yell out his/her rights, “You have the right not to say anything. Anything you speak will be or can be used against you in the court of law”. The above is unflinchingly true. The Fifth Amendment to the United States Constitution allows for privilege against self incrimination. In other words, as per the Amendment, no individual can be persuaded in a criminal case to be a witness against himself or herself. According to criminal law attorney MD, as a witness, you have the right to exercise this privilege in both criminal and civil proceedings. But you must also bear in mind that answers to questions that are of no relevance to prosecutors cannot take shelter within the Fifth. The decision as to whether you want to invoke the Fifth Amendment right in a civil or criminal proceeding in MD or in any other state are very complicated. It involves thorough evaluation of all facts and the relevant laws in your state/jurisdiction. In such a scenario, the best bet is to take assistance of an attorney who is well-versed in Maryland criminal law. On appealing a conviction If you are served a not guilty verdict it means the case has ended. The prosecution cannot appeal the judgment. On the other hand, a guilty verdict does not mean the story is over. Defendants have the right to:
Convicted defendants have the right to appeal by a higher court (intermediate appellate court) if they comply with the prescribed time limit within which they must appeal. Here is an interesting angle to the “guilty plea” story. Sometimes, persons who have pleaded guilty in a criminal case regret it later. Such situations emerge, perhaps, because the sentence was unpredictably harsh or because of the perception that they got a raw deal. Some petitions require the defendants to waive the right to appeal. Undoing such pleas can be a challenging task. Typically, a trial judge allows for plea withdrawal only if the judge feels there is a need to avoid injustice. We must keep in mind that there are certain plea-withdrawal-worthy scenarios, such as:
Such a lawyer can analyze your prospects for setting aside a plea.
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