Why Trial Lawyers Aren’t the Right Choice to Manage Appeals

It’s not easy to accept a judgment when you lose a case. Sometimes there are valid reasons to want to appeal the decision. When you are thinking about appealing a ruling, consider whom you will have representing you. Should you stick with your trial lawyer, or is it better to get an appellate lawyer to handle your appeal?

Trial lawyers are undoubtedly good at negotiation. They have great interpersonal skills, are master storytellers, and excellent cross examiners. Having been involved in the case from the start helps them understand the bigger picture. Plus, they are intimately familiar with the case’s details, including their clients’ and opponents’ strengths and weaknesses. But, despite these advantages, they are not the best people to pursue an appeal. Here’s why:

A Fresh Perspective

Trial lawyers can run the risk of having a tunnel vision that prevents them from pursuing a case from a different angle or exploring other theories. Some of the facts and details discussed during the trial may be irrelevant in the appellate court. It’s no wonder appellate judges often complain that trial lawyers end up rearguing facts turned down during the trial.

With their impartial perspective, appellate lawyers can bring a fresh set of eyes to an issue. They do not have preconceived notions or past experiences with the case, allowing them to spot overlooked problems. The client also gets an objective assessment of the merits of an appeal.

Trial Versus Appellate Lawyer Skills

Appellate litigation requires strong analytical skills. Appellate attorneys sieve through trial records, however voluminous, to look for appellate issues. When evaluating an appeal, the most crucial consideration is to understand the standard of review. Since an appellate court shows great deference to a trial court’s decision, understanding the standard of reviews will greatly influence success. Some legal issues are reviewed de novo, meaning from the beginning. In such cases, the appellate court takes a fresh look, without deference to the trial court’s decision.

Also, appellate attorneys are experts at writing appellate briefs. Writing an excellent appellate brief is the key to winning an appeal. Arguments must be conveyed crisply and concisely, and you can’t afford to use the wrong wording. The arguments must be strong enough to stand through the appellate jurist’s and opposing attorney’s laser-sharp focus.

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4 Tips to Help You Win Your Criminal Appeal

Being convicted in a criminal case can cause some serious consequences in your personal and professional life. You may lose privileges, such as driving, voting rights, and much more. You will end up paying thousands of dollars in fines and go through longer prison terms if you are convicted of a more severe felony. The good news is that the constitution gives you the right to appeal your conviction in a higher court. You can use a highly qualified criminal appeal lawyer to appeal the case. If there are any legal errors found in the lower court’s decision, the conviction and sentence will be reversed. Here are some tips that can help you maximize the chances of winning a criminal appeal.

Grounds for the Criminal Appeal

The defendant who appeals to the appellate court must know on what grounds the appeal can be filed. The appeal should be purely based on law and not on facts, as the jury decides the facts. The criminal appeal can be filed for sentencing errors, false arrest, incorrect jury instructions, improper admission of evidence, lack of evidence or exclusion of evidence, jurors’ misconduct, ineffective assistance of counsel, and prosecutorial misconduct. Your appeal must show that because of any of these issues, the defendant was convicted guilty.

Hire an Experienced Criminal Appeal Lawyer

You need a qualified and experienced criminal appeal attorney to win the appeal. They will have to decide on the grounds for appeal and file the notice of appeal to oral argument. Make sure your attorney has handled similar cases in the past and has a high success rate.

Collect All the Transcripts and Evidence

To increase your chances of winning, you must have proper evidence to substantiate your grounds for the criminal appeal. It’s essential to gather the court transcript to present it to the court of appeal.

File the Appeal on Time

After you have figured out the grounds for appeal, it’s time to file the notice of appeal at the trial court within the window period of 30 to 60 days, depending on the crime’s seriousness. The notice of appeal informs the court and the appellee that you seek a review of the case. Then both parties will file the appellate brief.  Sometimes, the appellate court makes its decision based on the briefs. If they are not sufficient, the courts then hear the oral argument.

The judges of the appellate court will go through your brief and listen to the arguments and come up with the decision to reverse or affirm the conviction. If the court affirms the conviction, you need to discuss with your criminal appeal lawyer to find out the next step.

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What Is Habeas Corpus? Why Is It Important?

Any conversation about civil liberty and constitutional law is incomplete without discussing the concept of habeas corpus. This Latin term means “you have the body,” but what does it mean in terms of the law, and why is it important? Read on to know the answers to these questions and more.

What Is Habeas Corpus?

Habeas corpus is a common-law writ issued by the court, commanding a public official to produce a person in custody or restrained before the court. The principle behind the writ is that no person should be confined in prison or restrained before being presented to the court and without following the due process of law. It is the court’s job to decide if there is a valid reason to detain the person.

The History Behind Habeas Corpus

While not much is known about the origin of the concept, historians believe it may have been established during King Charles I’s reign in the 17^th century. It was likely intended to make sure Catholics were not illegally imprisoned in the lower courts. The writ of habeas corpus was established as a statute in the United States through the Judiciary Act of 1789.

How Does the Writ Operate?

A writ of habeas corpus can be filed by the confined or restrained individual or someone on their behalf. The court can demand the public official deliver the individual before to court and determine if such confinement is legal.

An individual in jail and unable to make bond has the right to file habeas corpus. Sometimes people who have made a bail pretrial but are subject to bond conditions like driving restrictions or curfew also have the right to file a writ. If a person has pleaded guilty in a plea bargain and has received a suspended probation sentence with specific conditions, it is also restricted.

Today, the habeas corpus writ is mostly used for post-conviction proceedings by state and federal prisoners, challenging the application of federal laws used during a judicial proceeding. It is also used to challenge immigration and deportation cases, military detentions, and convictions in a military court.

Why Is The Habeas Corpus Important?

A 1992 Supreme Court ruling hailed the writ as a “fundamental instrument that safeguarded individual freedom.” It protects citizens from arbitrary and unlawful state action. It is primarily a writ of inquiry that tests reasons for confinement and restraint and orders immediate release if there is no sufficient legal reason for such confinement.

But it does not examine if the petitioner is guilty or innocent. Instead, the writ restricts its reach to reviewing the correctness of the public official’s decision to detain the person.

If you plan a file a habeas corpus petition for yourself or on behalf of someone else, you need representation from skilled appellate attorneys. We have the experience to help you.

Call 888-233-8895 to speak to a federal appeal lawyer for a free, no-obligation consultation.

 

 

 

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What Goes into a Good Appellate Brief?

Writing an appellate brief is a part of every law school’s training, and students are required to practice writing briefs in the first year of college. Yet, there is a subtle art to writing a successful appellate brief. An ineffective brief could be an important reason for a lost appeal. Our team of top appellate lawyers has written thousands of briefs over the years and knows what it takes to write a good brief.

Trial Attorneys Are Not Necessarily the Best People to Write a Brief

It’s difficult to find a trial lawyer who has the expertise that goes into writing a good appellate brief. They often equate the content with that of a jury speech and address appellate judges as they would address a trial judge or even jurors. Such briefs are usually filled with irrelevant rhetoric that serves no purpose. Some trial lawyers understand the nuances of an appellate brief but fail to present their arguments effectively.

A Good Brief Has Arguments that Are Presented Well

The appellate brief is always framed within the standard of review and contains all the necessary facts and law, providing sufficient background information. It also explains the relief that’s requested. The brief must have a logical flow with an analysis that’s easy to follow without missing any essential points. The relevant law must be mentioned to allow the judges to decide on the raised contentions. It must cite all relevant cases whenever possible. You may also provide attachments to supplement the brief. For example, if you claim that a statute has changed, make sure that a copy of the older statute is attached. Similarly, rules and regulations relevant to the brief must be attached because they help save time.

The Facts Are Presented Briefly but Precisely and Persuasively

Facts must be presented precisely and effectively, giving the law clerks and appellate judges the background and presenting facts they need to understand and analyze. The points must refer to the Record on Appeal because law clerks and appellate judges always refer to the record sites while examining the brief. Experienced appellate attorneys also prefer to catalog and mark exhibits rather than haphazardly presenting them.

Appellate Attorneys Understand the Nuances of Writing Briefs for Different Appellate Courts

Appellate judges in an intermediary court usually restrict themselves to analyzing trial court judgments based on existing laws. They do not generally involve themselves with factfinding. Arguments based on factfinding are best reserved for trial courts. Similarly, arguments related to change of public policy or public law is best left to the Supreme Court.  Appellate attorneys preparing a brief for the federal court know that they must refer to the Federal Rules of Appellate Procedure and the local rules of the court when the appeal is being made.

Most importantly, appellate attorneys must follow procedural rules that govern appeals. There are instances where briefs have been rejected because they contained too many lengthy footnotes. Sometimes briefs are dismissed because they’re too long and sometimes because there’s too much material in the brief.

If you are looking for experienced appellate attorneys to file a criminal or civil appeal, visit us!

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How to Choose a Criminal Appeals Lawyer

A criminal conviction can have severe implications on your personal and professional life. It could mean thousands of dollars in fines, imprisonment, court fees, and even loss of a professional license. For serious offenses, you could lose voting rights, firearm privileges, and could be sentenced for a lengthy prison term. Are you looking for criminal appeal lawyers in Georgia? Read these tips to choose the right attorney and improve your chances of success:

Values Time

During a criminal conviction, time is of the essence. Maximizing your chances of winning a criminal appeal largely depends on filing the proper paperwork with the appellate court within the given timeframe. For example, the notice of appeal with the appellate court must be filed within 30 days of the judgment made at the original trial court. If the criminal appeal lawyer fails to do so, the court can throw the appeal even before it is heard.

As soon as you contact the appeal lawyer, he or she must respond promptly. As soon as you reach the lawyer or fill out the online contact form on the lawyer’s website, you should expect someone from the lawyer’s team to get back to you quickly.

Experienced

Naturally, the criminal appeal lawyer you choose must be qualified. But experience is also an important consideration. Make sure that the attorney has plenty of experience in handling appellate cases. Your lawyer must understand the nuances that differentiate between trial and appellate courts. The attorney must know the basics of criminal appeals and must be honest enough to explain the possible consequences of losing or winning the appeal. They must also advise about the penalties associated with the charges against you.

Experience also determines confidence. Criminal cases move fast, and a few seconds can make a significant impact on the case. During the initial interview, check the lawyer’s appearance. His or her confidence and experience are often apparent throughout the interview. You must like the way the appeal lawyer presents himself or herself because your lawyer is going to speaking for you.

Understanding When to Appeal

Not all aspects of your case can be appealed. For example, you can only file convictions related to sentencing errors, errors of law, or miscarriage of justice. If the counsel offers ineffective assistance, if the evidence was excluded improperly, or if jury instructions were given incorrectly, you can always file an appeal.

 

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Everything You Wanted to Know About Appealing a Case

If you’re not happy with the judge’s order or decision in a court trial regarding a criminal or civil case, you can, in most cases, request an appeal in an appeals court. There can be several grounds for appeal. For instance, you may appeal a case citing an error of law in prior proceedings. Such errors could be related to misinterpreting a legal precedent or using evidence that should not have been included. You could also make an appeal claiming procedural matters weren’t followed correctly, compromising the fairness of a trial. If you are planning to appeal a civil or criminal court judgment, here’s everything you need to know:

1. What Are the Various Grounds for Appeal?

Appellate attorneys can appeal if the judge has not followed the proper procedure of law like instructing the jury, handing testimony of the witness, or other mishandled procedures. Appeals can also be made if the judge has misinterpreted a hear-say rule or included testimony that should have been excluded during the trial. Sometimes, the judge may have misapplied a principle of law or applied a statute that does not apply.

For example, a criminal appeals lawyer may hire a forensics expert to make sure blood samples, DNA samples, hair samples, and other pieces of evidence were not mishandled. In a civil appeal, the appeals lawyer may hire financial experts and even handwriting specialists to check if any information earlier submitted during the trial contradicts any statements.

2. What Is an Appellate Brief?

An appellate brief is a statement made by the appeals attorney arguing that the decision in the trial court was incorrect. Naturally, the party who won the case in the trial court will defend the judge’s decision.

3. How Does the Appeal Attorney Determine the Decision in the Trial Court Was Wrong?

Appeals attorneys refer to the record, i.e., elaborate documentation of the proceedings that took place during the trial. This includes pleadings, the pre-trial motion, exhibits that were put up as evidence, a transcript of the court proceedings, post-trial motion, and other relevant information.

4. Why Should You Choose Experienced Appellate Attorneys?

An experienced appeal lawyer understands that the success of an appeal largely depends on thoroughly scrutinizing the record to get critical evidence. Appeal procedures are complex and require expertise when filing and arguing appeals. Penny pinching isn’t advisable when looking for an appeals lawyer. A successful appeal often depends on writing an excellent brief, so choose a lawyer with a reputation for excellent oral skills and who understands the various cases related to your appeal.

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