When a person is convicted of a crime in Oregon, they have the right to file an appeal to try and get the judge’s ruling overturned. If this effort is successful, the alleged criminal may face a lesser charge or be acquitted of crime entirely. Whether or not an appeals claim is granted is related to the nature of the crime that was committed, the legal professionals in charge of the case and the amount of evidence that is found.
For one Ohio man, the outcome of his effort to appeal his conviction was incredibly successful and has left him in a position where he can legally sue the authorities who arrested him, as well as the city where the conflicting incident took place. It all began when the man constructed a controversial Facebook post that was poking fun at a local police department. The parody he created, while insulting and offensive to some, was ultimately found to be protected under the First Amendment as the man was using free speech.
After being charged with a felony crime, the man filed an appeal and was granted acquittal. Additionally, he was told that he can legally file a lawsuit against the arresting authorities and the city. Taken into consideration during the investigation of the appeal, was that despite the offensive nature of the content, it was not the man’s fault if there were people who misunderstood his post or who did not see the humor in his parody. It is currently unknown whether the man is going to pursue legal action against the offending parties.
If people have been convicted of a crime, they may be able to revisit their case and find ways to support an appeal. An attorney is a valuable team member in helping accomplish this objective and can use experience, strategy and evidence to describe why the consequences that were given are not appropriate.
Source: Newsmax.com, “Appeals Court: Man Can Sue Over Arrest for Parody Facebook Police Page,” Jul. 29, 2019