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The Five Essential Steps In The Appeal Process
Have you been convicted of a crime? Wondering what’s coming next? No matter the specifics of your case, every criminal appeal goes through the same essential five steps. In this article, we’ll walk you through these essential steps so you have a good idea of how the appellate process works.
Step 1: Hire A Criminal Appeal Lawyer
First things first: you need to hire a trusted, experienced, and skilled criminal appeals lawyer. You will need to hire a lawyer before you file an appeal. Filing too soon can sometimes lead to an adverse judgment. Also, hiring the wrong lawyer can backfire. For example, if you hire a trial lawyer who is not well-versed in appellate law, there’s a good chance the appeal won’t be a success. So, irrespective of whether you appeal immediately or later, the first step of the appeal process is hiring a criminal appeals attorney.
Step 2: File The Notice Of Appeal
Once you have hired an appellate attorney, the next step is filing the notice of appeal. Though this may sound simple, filing an appeal can be complicated. This is why you need to have an experienced and knowledgeable appellate attorney who can assist you each step of the way.
Step 3: Get Relevant Evidence & Documents Before Appealing
Remember that an appeal is not a new trial. The appellate court doesn't consider any new testimony or evidence. Also, there are no evidentiary hearings during an appeal. The appellate court works on the evidence, documents, and testimony presented in the trial court. Therefore, a skilled lawyer will use relevant and available materials to present the best appeal possible.
While it’s possible to appeal on your own, doing so is not advised. An appellate lawyer will know where to get essential information, and they’ll have relationships with court officials, judges, clerks, etc. that allow them to get helpful supplementary materials that may strengthen your appeal.
Step 4: Researching & Writing The Appeal
An appellate attorney will research and write an appellate brief on your behalf and then present this to the appropriate appellate court. The brief is your chance to explain why the appellate court should reverse the trial court's judgment. An appellate attorney will work with you and your trial attorney to understand why you're appealing. They’ll review every page of the record and reread the transcript to find any errors that can be used in your favor. Extensive research and persuasive writing skills can help the appellate attorney present a compelling brief to the appellate court.
Step 5: Oral Arguments
This is the final step of the appeal process, and it’s your last chance to persuade the appellate court to reverse the judgment. An excellent oral argument discusses your case and presents facts and laws that convince the appellate judges to accept the appeal. It is during this process that the judges will ask the appellate attorney questions. Answering the judges’ questions respectfully and honestly will go a long way in helping to make your appeal a success.
Choose The Best Appellate Attorney
Appeals are complex, and a lawyer must follow a range of rules when filing an appeal. Hiring the right attorney before you begin the appeal process maximizes your chance of winning the appeal. Whether you intend to pursue an appeal or object to one, hiring the right appeal lawyer in Florida can tilt the scale in your favor.
The Brownstone Law Firm is a popular appellate law firm that helps individuals and businesses in the USA win both civil and criminal appeals. Our appellate attorneys have tons of experience, and they can handle all kinds of appeals. Visit our website https://www.brownstonelaw.com/ to know more.