If you have lost a civil or criminal case, you may have the option to appeal the ruling if the court made mistakes that cost you the case. One of the most common questions asked by people considering an appeal is whether they need an appeals lawyer to handle the case. An appeal is vastly different from a trial, and you need someone with experience in appellate matters representing your interests if you choose to take your case to the next level. The expert appeals lawyers at The Appellate Law Firm have years of experience representing clients in appeals and are your best chance of success in your case. Call the office or contact us today to schedule a free evaluation of your claims.
An Appeals Lawyer can Spot the Issues
The first step in any appellate case is identifying whether there are any problems that occurred at the trial level that can be appealed. Not all mistakes and errors can be appealed, only procedural and substantive mistakes that substantially altered the outcome of the trial are appealable. An appeals lawyer can first ensure that the judgment is final in your trial case and review the court record for any appealable issues. Some of the most common examples of an appealable issue is a misapplication of the law, mistakes during pre-trial hearings, unlawful search and seizure, and prosecutorial misconduct.
An Appellate Lawyer Knows the Procedure
Another important reason you need an appeals lawyer is that they know the legal procedures required to keep your case alive. A person requesting an appeal only has 30 days in most cases to file a Notice of Appeal in order to maintain their case. In addition, an appeals lawyer understands how the appellate process differs from a trial. Unlike a trial, the next steps in an appeal are the drafting of a written brief and oral arguments of the case. Your appellate attorney will write up a brief that outlines where the trial court erred in the case and has the opportunity to respond to the opposing side’s brief. Everything presented in the written brief and oral arguments is based on the trial record, and nothing new can be included in the appellate arguments.
After the briefs have been submitted, the appeals attorney will make the best possible points for your case in oral arguments. The arguments are presented in front of a panel of appellate judges, who also have the opportunity to ask questions to the lawyers during their arguments. This is vastly different than the opening and closing arguments at trial, or the examination of witnesses. You need an attorney who has specific experience arguing in front of a panel at the appellate level.
Call or Contact Our Office Today
If you would like to learn more reasons why you need an appeals attorney for your case, call the office or contact us today at The Appellate Law Firm to schedule a free consultation.