A conviction does not need to mean the end of your case. You may have the right to request an appeal of the decision. That means you might have a second chance to argue the issue. When seeking to overturn a conviction, a Trussville appeals lawyer’s advice and guidance are often invaluable.
Allowing a knowledgeable criminal attorney to review your case and determine whether an appeal is in your best interest may be beneficial. The time limit to request an appeal is typically short, so if this is something you are interested in pursuing, consider reaching out to a representative in a timely manner.
How the Appellate Process Works in TrussvilleThere are separate appellate courts for criminal and civil matters. There are also appeals available in both state and federal court. A person may immediately request an appeal following a decision by a judge or jury in a trial by filing a Notice of Appeal. It must be noted that a defendant in a criminal decision only has 14 days to file an appeal.
If the appellate court agrees to hear the case, the moving party must file a brief detailing their argument. Judges will often decide cases based on the briefs submitted and those moving for an appeal may not need to appear before the court.
There are situations where the court may refuse to hear any oral testimony at all. If the court does choose to hear testimony from the representatives, it may focus on clarification questions from the judge. A seasoned Trussville appeals lawyer that has experience working on appeal cases could review a person’s case to explain their rights. Obtaining an adept attorney may be crucial for a person’s appeal.
Writing a Brief for the Appeals CourtTo draft a brief, an appellate attorney in Trussville will need to carefully examine the arguments made at trial and consider applicable case law. This is because the court will not allow a defendant to appeal a decision merely since they did not like the outcome. Alternatively, the appellant must argue that the judge made a mistake interpreting the law.
During an appeal, the court will not re-examine the facts of the case, nor will they allow the admission of new evidence. There may be an except in extraordinary cases. As an alternative, the court asserts that all the trial court level. Arguing about the procedure and correct application of the law is both complex and require strong research and reasoning abilities. If the appellate court determines procedural rules were not properly followed by the trial court, the court could reverse a decision or move to have a new trial.
Get More Information From a Trussville Appeals AttorneyThe process to seek an appeal is exceedingly technical. Even the average trial lawyer may have difficulty meeting all the rules of the appellate process. Consequently, it may be vital to find an attorney who understands the appellate process and has strong research and writing skills.
Seeking the advice of a focused Trussville appeals lawyer may be the key to securing a favorable outcome. While a trial attorney may argue at the court, a skilled researcher could work to present a claim at the appellate level. Before deciding your case is over, schedule a free consultation with a well-versed criminal defense attorney today.