Arizona DUI & Criminal Defense Attorney Blog
Sometimes, appeals courts are called upon to determine if a trial court made a “fundamental, prejudicial error” during trial. In certain circumstances, when the higher court finds that the lower court made this kind of critical error, the higher court will vacate the defendant’s guilty conviction. It is crucial, then, to understand what “prejudicial error” means during criminal court proceedings. That way, if you think the court has committed a prejudicial error against you during your case, you can move forward with potential grounds to get your guilty conviction thrown out.
Definition of “Prejudicial”
According to Arizona case law, to show prejudicial error, a defendant must show that without one particular error, a reasonable jury could have “plausibly and intelligently returned a different verdict.” Essentially, this means that a defendant must show that if the court had not committed the error in question, it would have been reasonable for the jury to find him not guilty.
Considerations During Review
In reviewing a trial court’s record for prejudicial error, the higher court will consider the other evidence presented at trial. For example, in a recent case before the Court of Appeals of Arizona, Second Division, the defendant argued that it was prejudicial for the court to allow testimony regarding the fact that he was carrying a “Santa Muerte card” while stopped for suspected drug trafficking. Many drug dealers are known to carry this card, and the defendant argued that the testimony about the card made the jury believe that he was, indeed, trafficking drugs just because he was holding the card.
The court considered not only the evidence regarding the card, but the other evidence presented at trial as well. There was no evidence, said the court, that the jury would have come to a different conclusion even if the court did not allow testimony regarding the Santa Muerte card. Additional evidence against the defendant included a confession by the defendant and testimony from police officers that found drugs in the console of his car. With this strong evidence in place against the defendant, it did not ultimately make a difference whether the testimony regarding the card was admitted.
Showing prejudicial error can be tough. To adequately protect yourself against this kind of error, hire an experienced and aggressive Maricopa County criminal defense lawyer that can make sure your trial is handled correctly the first time around. When the way your case is litigated can be the difference between guilty and not guilty, you don’t want to settle for any attorney but the best.
Do You Need a Maricopa County Criminal Defense Lawyer by Your Side?
At the Law Office of James E. Novak, we take your criminal case seriously because we understand the stakes and are committed to fighting for your freedom. If you want a Maricopa County criminal defense lawyer that has your best interest in mind, contact our firm today; you won’t regret it. If you haven’t yet spoken with an experienced Maricopa County criminal defense lawyer, call us today for a free and confidential consultation at (480) 413-1499. You can also fill out our online form to tell us about your case and have an attorney reach back out to you as soon as possible to talk through next steps.