Mississippi Criminal and Family Law BlogReversible errors can have significant impacts on criminal trials in Mississippi. As the name suggests, this legal concept refers to some kind of mistake made by the court. Obviously, it is important for courts to avoid making these mistakes at all costs. But judges and other agents of the court system are, for all their qualifications and experience, only human, and human beings do make mistakes from time to time. But what exactly is a reversible error? What happens after a reversible error is made? More importantly, how might a reversible error affect your criminal trial?
Questions such as these are probably best left answered by a legal professional. Reach out to a criminal defense attorney in Mississippi, and you can receive all the answers you need about reversible errors or any other legal concept with which you are not familiar. Not only can our criminal defense attorneys explain the finer details of the legal system, but we can also fight for your rights in court and guide you toward a positive legal outcome.
What Happens When a Reversible Error is Made?
A reversible error is a serious mistake made by the court. These are not just small, harmless errors, but rather massive oversights that have the potential to change the outcome of the entire trial. Because of the serious nature of these mistakes, the final decision of the court must be “reversed;” hence the name “reversible error.” If the court makes a serious error that affects the defendant negatively, the defense can properly object and move for reversal of a judgment on appeal.
Arizona v. Fulminante helped the US legal system draw the line between “trial errors” and “structural errors.” If a trial error was committed, the non-affected party must prove beyond a reasonable doubt that the error was harmless. These are errors made when the case is presented to the jury. On the other hand, structural errors are always reversible errors.
What are Some Examples of Reversible Errors?
- Selecting a jury member who has an impermissible bias
- Showing inadmissible evidence to the jury
- Incorrectly dismissing certain evidence
- Providing incorrect legal instructions to the jury
- Failing to declare a mistrial when it is clearly warranted
- Granting a mistrial under the wrong circumstances
What Happens After a Reversible Error is Made?
After a reversible error is made, the judgment is reversed and a new trial is ordered. This means that the entire process must begin again. While this can seem daunting and frustrating, it can be incredibly helpful to defendants who have already received guilty verdicts due to reversible errors.
Enlist the Help of a Qualified Attorney Today
If you have been searching the Mississippi area for an experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous defendants, and we are more than familiar with all of the various legal concepts that may impact your criminal case. Rest assured that if reversible errors are made, we can spot them and ensure that they do not negatively impact your trial. Book your consultation today, and we can start working on an effective defense strategy immediately.