Michigan criminal defense attorney

Appellate Court and What You Need to Know

Appellate court

What happens when a decision is made in court that you believe is wrong? While the judicial system is designed to convict those that have broken the law, it does make mistakes.

That is why our justice system is also set up to also protect those that have been falsely accused. When a conviction is made that one believes is wrong, they can make the choice to appeal the decision.

What is an Appellate Court?

A federal appellate court is called “courts of appeals.” An appellate court can also be known as appeals court, or court of second instance. In a trial court, cases will be heard for the first time. When a party disagrees with the decision of the trial court, they can then choose to appeal. This will be going to a higher court to review the decision.

The government can try to force or encourage defendants to waive their rights to an appeal. Thus, it is crucial to make sure that those waivers stay out of plea agreements. Having an experienced defense attorney will help to make sure this doesn’t happen to you.

What is an Appellate Attorney?

Understanding what an appeal attorney handles is important. He or she will handle the special type of legal case called an appeal. What happens in this case is that you are not asking the simple judge or jury to decide if you are guilty or innocent. You are asking an appellate court to evaluate the decision that a court has already made and you are asking them to reverse or uphold that previous decision.

When it comes to criminal cases, there is always something to appeal. Appeals can be time extensive. They require a lot of research and require different skills than standard litigation

While all licensed attorneys can officially file a motion for an appeal and argue a case in an appellate court, not all will handle the actual appeal. Having a lawyer that specializes in the ability to appeal will be a crucial part of your defense.

If a lawyer cannot handle their own appeals, you are then taking your case to another lawyer who will have to learn your case. Having a lawyer that can not only defend you, but help to appeal will offer a well-rounded approach to your case and will help to make sure you get the full results you are looking for.

What to Expect From an Appeal Attorney?

When you are dealing with an appeal attorney, you can expect that they will be spending much of their time and energy writing legal briefs. The decision of an appeal can often be determined on the success of the written brief alone.

In other words, an attorney needs to make the argument strong enough in writing as they will most likely not be presenting the argument in person. In some complex cases, an appellate court will accept an oral argument. However, this is not normal in the lower court.

Seeking an Appeals Attorney

The David J. Kramer Law Firm, PLLC has many years of experience in appellate courts. We would love to answer any questions you have in this process. If you are looking to appeal a conviction, contact us today.

248-348-7400 or 586-530-1000

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This article was published on: August 12, 2016 and was last modified August 13, 2016