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The Grounds for Filing for an Appeal

When individuals in Iowa are accused of a crime, their first thoughts are likely how can they clear their name? Developing a strong criminal defense is an important and crucial step to take following criminal allegations, but it is also imperative to have a full perspective on the matter. This means considering all angles and what ifs. For example, what will the defendant do if he or she is convicted of the crime? Although it is challenging to think about being convicted of the crimes you were accused of, it is vital to think about what you will do if you are convicted. Filing for an appeal can be a very lucrative and important criminal defense action.

Unlike asserting a criminal defense action, filing for an appeal following an unfavorable ruling at the trial court level can only happen in certain situations. In order to establish grounds for an appeal, a defendant must demonstrate that the trial court made an error; thus, requiring the appellate court to look at the case and issue a decisions.

One should note that harmless errors, which are unfortunate, are unlikely to be deemed events that substantially impacted the results of the trial. Thus, they will not be grounds for reversing the judgment made by the lower court.

Operating under the assumption that there were more than harmless errors, a defendant should understand the basis for filing a criminal appeal. There are four basic grounds for an appeal. The first is that the court made a serious error of law. This is also known as plain error. The next is asserting that the weight of the evidence did not support the verdict of the case. The third basis is that the lower court abused its discretion when making an errant ruling. The fourth and final ground for an appeal is when a defendant claims an ineffective assistance of counsel under their Sixth amendment rights.

Working through the criminal defense process is never easy for a defendant; therefore, it is essential for defendants to become fully aware of their situation and what rights are afforded to them. The assistance of a legal professional could prove very beneficial, as this can ensure your rights and interests are protected.

Categories
  • The Iowa State Bar Association
  • DUI Defense Law
  • NACDL
  • AAJ
  • Iowa Association of Justice

Keegan, Tindal, & Mason 

Put Over 50 Years of Combined Trial Experience On Your Side 
  • J. Dean Keegan
  • Eric D. Tindal
  • Andrea D. Mason
  • J. Dean Keegan J. Dean Keegan

    Owner

    Decades of Award-Winning Legal Service J. Dean Keegan was born and raised in Waterloo, Iowa. After high school, Dean served ...
    J. Dean  Keegan Photo
  • Eric D. Tindal Eric D. Tindal

    Attorney

    Highly Rated Criminal Defense in Iowa City Eric D. Tindal, attorney at Keegan, Tindal & Mason, graduated from the University ...
    Eric D. Tindal Photo
  • Andrea D. Mason Andrea D. Mason

    Attorney

    Experienced Criminal Defense in the Iowa and Illinois Quad Cities Andrea D. Mason practices in the areas of white collar ...
    Andrea D. Mason Photo

See What Our Clients Have to say

  • Andrea Mason is the best defense attorney in the world.

    “Andrea Mason is the best defense attorney in the world. She gets the job done for her clients. She goes hard for the best results. She would always be my first choice of defense. She is very ...”

    - Orlando
  • I am thankful for her representation.

    “I was very fortunate to have been represented by Andrea Mason. She is knowledgeable, reliable, and professional. Her expertise was more than what I could have asked for and I am grateful to have had ...”

    - Jack
  • Our family feels very fortunate to have had Andrea Mason as our advocate.

    “We became acquainted with Andrea Mason when she was assigned to our son's federal case several years ago. Certainly, when someone is court-appointed on your behalf, you simply never know what kind of ...”

    - David and Jan
  • My family and friends appreciate all you have done. Thank you.

    “Thank you, Andrea and Eric. You both did a great job and got me the best results possible in my situation. I would recommend your service to any in need of counsel and I am still amazed in the way ...”

    - Michael
  • I encourage people all around the world to hire Andrea Mason.

    “Hello, world! To whom it may concern, my name is Demario. I’m now a 40-year young man. Throughout my early stage of life, I stayed in trouble with law enforcement; nothing major, just the typical ...”

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SUCCESSFUL results for our clients

Protecting Your Freedom & Rights
  • Operating While Intoxicated Charges Dismissed

    Linn County OWCR133760. Attorney Eric Tindal's client was arrested for Operating While Intoxicated. Mr. Tindal had all charges dismissed following a successful suppression hearing regarding the grounds for the stop.

  • Possession with Intent to Deliver Marijuana and Methamphetamine Charges Dismissed

    Washington Count FECR5351. Attorney Tindal and Attorney Clemens Erdahl successfully argued that evidence of drug manufacture was obtained in violation of the Constitution. All charges were dismissed.

  • Possession with Intent to Distribute Charges Dismissed

    Iowa County FECR010358. Attorney Tindal was able to show the Court that his client was detained in violation of his Constitutional rights and that the K9 utilized in the search was unreliable. Following hearing all charges were dismissed.

  • Second Degree Sexual Abuse and Other Charges Acquittal at Trial

    Johnson County FECR089277. The Defendant was charged with Second Degree Sexual Abuse and other charges. Following a one-week trial by Mr. Tindal, the Defendant was acquitted of all charges.

  • Sexual Abuse in the 2nd Degree Conviction Reversed on Appeal

    Iowa Supreme Court No. 04-361. The Defendant was convicted of Sexual Abuse in the 2nd Degree. On appeal, Mr. Tindal successfully argued that the conviction was based on improperly admitted evidence. The conviction was reversed.

  • Trafficking Stolen Weapons and Misdemeanor Theft Charge Dismissed

    Scott County FECR384046. The Defendant was charged with Trafficking Stolen Weapons and Misdemeanor Theft. The Court dismissed the felony following a Motion litigated by Mr. Tindal. The Defendant subsequently pled to the remaining misdemeanor.

  • Vehicular Homicide Charges Reduced

    Johnson County FECR68296. The Defendant was charged with Vehicular Homicide. Following a suppression hearing, Mr. Tindal and his co-counsel were able to show that the blood test result was taken in violation of implied consent procedures. The case was subsequently resolved for a misdemeanor.

  • First Degree Murder and Child Endangerment Causing Death Acquitted of First Degree Murder at Trial

    Henry County FECR005634. Attorney Tindal’s client was charged with First Degree Murder and Child Endangerment Causing Death. Following a two week trial, the Defendant was acquitted of all charges.

  • Operating While Intoxicated Reduced to Public Intoxication

    Johnson County OWCR116811. The Defendant was charged with Operating While Intoxicated. Mr. Tindal was able to win the Iowa Dept of Transportation appeal and have the blood test result thrown out. The case was resolved for a public intoxication charge and no loss of license.

  • Operating While Intoxicated Second Offense Reduced to Public Intoxication

    Washington County OWIN010946. The Defendant was charged with Operating While Intoxicated Second Offense. Following long negotiations with the State the Defendant was able to plead to a Public Intoxication and have his driving privileges reinstated.

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Keegan, Tindal, & Mason

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  • Over 50 Years of Combined Experience In Criminal Defense with an Emphasis on OWI's

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