If you have lost the case, you could request a superior court to review the decision made by a lower court. But first you need to consult an experienced appeals lawyer to check if your particular case is appealable in court. For this reason, you just cannot rule out the necessity of hiring the services of an appeals lawyer.
Similarly, if you have already won the case and if your opponent has challenged the decision of trial court, you need an experienced appeals lawyer to defend your victory. Without an experienced lawyer by your side, you stand the risk of losing the case which you had already won. Again your trial lawyer may not have experience in appeals. You need to check with your lawyer before deciding to continue with him or her.
What are the types of appeals one can make in a court of law?
There are basically three types of appeals as mentioned below:
- An appeal in which the defendant has the right to appeal
Such an appeal states that the basic legal principles of the United States were not adhered to during the trial and an appeal is necessary.
- The writ of certiorari or certs
The higher court directs the lower court to send a specific case for review as a step in the post-trial procedure.
- A writ of habeas corpus
If a defendant has been denied the writ of cert, he or she can petition for a writ of habeas corpus, which is the defendants final opportunity.
How does one appeal in the superior court?
- You have to file your notice for appeal within the stipulated time frame as applicable to you
- If you miss the deadline for filing the notice you might stand the risk of forfeiting your right to appeal
- Along with the notice of appeal, you need to file a cost bond
- You have to file a docketing statement within the stipulated time
- Again within the time period specified, you have to certify that you have arranged for the transcripts of your lower court hearing
- Consult an experienced appeals lawyer
What can an appeals lawyer do for you?
- The appeals lawyer reviews the judgement of the lower court and analyses if your particular case is appealable
- He or she cannot add to or remove from your case any information or facts than what is already present
- The appeals lawyer is typically experienced and skilled at writing and research
- He or she prepare a written legal brief, which consists of the facts of the case and laws related to them
- In the legal brief, the lawyer tries to explain why lower court made a mistake and the judgement needs to be overturned
- Based on the written legal brief presented in court by your appeals lawyer, the appeals court basis its judgement
- If you had won the case in trial court, your appeals lawyer explains in the written legal brief how the court’s decision is correct and should not be overturned
LawTally takes pride in connecting you to the best lawyers in the area near you. If you are facing any of the above mentioned problems, feel free to contact any of the best rated lawyers at LawTally for guidance.