Every story has at least two sides. As you go through the trial process, it can seem like there are a lot more than two sides to a story that originally was simple.
As both sides present the facts of your case, it can seem like you are telling very different stories, but it is up to the judge or jury to decide how the law applies to what happened. Sometimes, while the judge or jury is deciding your case, they will misunderstand the facts.
This is what to know about a mistake of fact and what it means for your appeal.
Your facts are important
The facts are important to help the judge or jury reach a verdict. If the facts of your case were different, it is likely that you would not be in court in the first place. If the people deciding your case do not understand the facts, they will not be able to reach the right decision.
If the judge or jury in your case misunderstood the facts, it could mean that you have grounds for an appeal,
What happens during the appeal?
When your case goes to an appellate court because of a mistake of fact, the court will give some deference to the trial court since there were some pieces that they got right. The court will only look at issues that either have substantial evidence showing they were incorrect or clearly erroneous determinations of credibility.
After the appellate court looks at your case and any errors that were made, they will either uphold the decision of the lower court or issue a new verdict based on the change in the facts.