Not every civil and criminal case will end with a satisfactory judgment, and if a case is decided against you because of factual or legal errors, you may have standing for an appeal. Many people assume that their trial attorney can continue to serve as their lawyer in an appeal, but the appellate process is vastly different from the trial level. As such, it is critical to secure the representation of an appellate lawyer if you wish to file an appeal. The knowledgeable lawyers at The Appellate Law Firm are here to help explain why you need an appellate lawyer for an appeal and how our firm can help. Call or contact our office today to learn more.
An Appellate Attorney can Identify Trial Errors
One of the critical benefits of hiring an appellate lawyer for an appeal is our ability to identify appealable issues in the trial record. In order to file an appeal in a civil or criminal case, there must be issues of law or fact that could substantially alter the outcome of the case if a different decision or ruling had occurred at trial. Some of the most common issues identified for appeal include the following:
- Admissibility/Inadmissibility of evidence
- Improper search and seizure of evidence
- Prosecutorial misconduct
- Juror misconduct
- Incorrect judicial sentencing
- Inclusion/Exclusion of expert or witness testimony
- Ineffective assistance of counsel
Hiring an experienced appellate attorney is particularly important if the reason for the appeal is because of ineffective assistance of counsel at the trial level. You do not want a lawyer who failed to adequately represent you at trial handling your appeal.
The Appellate Process is Different
The appellate process is also different from the trial level. All evidence and arguments in an appeal must be derived from the trial record. No new evidence or testimony is allowed in an appeal, and an appellate lawyer understands how to best craft an argument derived from the trial transcript. The appellate process also involves the drafting of a written brief and responses to opposing counsel about the issues on appeal.
Finally, each side is allowed to argue their case in front of the appellate court in oral arguments, which are different from a trial. Unlike a trial, where each side has the ability to present as much evidence and testimony with as much time as they need, during appellate oral arguments each side only has a few minutes to present their case while also answering questions interjected by appellate judges throughout their presentation. An appellate lawyer has experience handling this type of argument, unlike a trial attorney. To learn more, talk to our office today.
Call or Contact Our Office Now
If you would like to speak with an experienced attorney about why you need an appellate lawyer for your appeal, call the office or contact us at The Appellate Law Firm to schedule a free consultation with one of our knowledgeable appellate attorneys today.