Did you receive an unfavorable decision in a criminal, civil, or family law case? You may be considering filing an appeal. Before you move forward in the appeals process, there are some important factors that should be considered. While many cases can be appealed, it is not the right path forward in every situation. In this article, our appellate lawyers highlight the key factors that you need to consider when determining whether or not to appeal a case.
Thinking of Filing an Appeal? Four Factors to Consider
1. Time Constraints (The Deadline)
First and foremost, you need to take a careful look at the current timeline in your case. State and federal appeals are subject to strict filing deadlines. Make sure you still have time to appeal and create a plan of action to submit any appeal before the applicable deadline expires. The deadline to appeals varies from jurisdiction-to-jurisdiction. In some circumstances, you may have as little as 30 days to initiate the appeals process by submitting a notice of appeal.
2. Legal Grounds for Appeal
Disagreeing with the outcome of a court case is not a good reason to file an appeal—at least it is not a sufficient reason. You must have specific legal grounds on which to base your appeal. Remember, an appeal is not a retrial. In general, you cannot submit new evidence as part of your appeal. In most cases, appeals are based on an alleged legal or procedural error. An experienced appellate lawyer can review your case to determine what (if any) viable grounds exist for appeal.
3. The Cost of the Appeals Process
The simple reality is that it costs time and money to appeal a case. The cost of the appeals process is a very important consideration. If you are going to file an appeal of an adverse criminal or civil judgment, make sure that you have a full understanding of the cost as well as the chances of success. Knowledge is power. An experienced appellate law attorney can sit down with you to help you get a better view of the cost of the appeals process and the outlook of your case.
4. Implications of the Final Verdict
Finally, it is useful to take a moment to consider the full implications of the final judgment. Even if you believe that the court made some type of appealable error, that does not necessarily mean that an appeal is the best path forward. If you can reasonably live with the final (flawed) verdict, it may not be worth an appeal. On the other hand, if the current decision represents a serious injustice, you may want to file an appeal to get the fair treatment that you rightfully deserve.
Contact Our Appellate Law Attorneys for Immediate Help
At The Appellate Law Firm, our attorneys represent clients in criminal appeals, civil appeals, and family law appeals. Appeals are time-sensitive. Contact us today to set up an immediate review of your case. We provide civil and criminal appeals representation in many jurisdictions, including in California, Washington, Oregon, Michigan, Ohio, Florida, Georgia, and Texas.