WHAT IS AN APPEALS ATTORNEY? HOW CAN THEY HELP YOUR CASE?
Appellate attorneys specialize in the “appeals process” which is designed to permit a review of verdicts, criminal penalties and sentences, and civil money judgments (as well as dismissals and other rulings).
The appeals process is usually hyper-technical, and varies from jurisdiction to jurisdiction. An experienced appellate attorney will increase your chances of a positive outcome. The appellate lawyer you choose should have extensive knowledge of the appeals procedure specific to your jurisdiction. An appeals attorney is responsible for thoroughly researching your case, determining the best legal strategy, providing sound legal counsel, thereafter writing persuasive arguments, and ultimately presenting cogent oral arguments at your appeals hearing. Your appeals attorney should also be available to answer your questions at each stage in the appeals process. In the criminal context, some common reasons to seek an appeal include, but are not limited to:
- YOUR RIGHTS WERE VIOLATED BY INVESTIGATORS OR LAW ENFORCEMENT
- THE PROSECUTION BROKE RULES PERTAINING TO PRE-TRIAL AND TRIAL PROCEDURE
- THE COURT MADE RULINGS CONTRARY TO YOUR RIGHTS
- YOUR DEFENSE ATTORNEY NEGLECTED THE DUTY TO PROVIDE EFFECTIVE ASSISTANCE
If any of these might have occurred before or during your trial, you may have grounds for an appeal or post-conviction case. Pick an appeals attorney that will put the law on your side.
WHAT ARE THE CONSEQUENCES OF HIRING AN APPEALS ATTORNEY UNFAMILIAR WITH THE CRIME WITH WHICH YOU’VE BEEN CHARGED?
So much depends on hiring the right appeals attorney. An appeals attorney should not only be experienced in the appelate courts, but also should know the law and legal strategies specific to the crimes alleged against you. Be careful in how you choose your appeals attorney, because you have too much at stake. Your appeals attorney should be knowledgeable about the genre of crime you have been accused of committing. Successful appeals usually rely upon nuances in the law. If your attorney isn’t qualified, and doesn’t know the particulars surrounding your crime, the best arguments will be missed, and your chances of success will dwindle. You want and need a talented appeals and post-conviction attorney who can give good advice based on experience with your specific type of situation, be it a financial crime, a property crime, or a sex offense or bodily-harm crime.
Before deciding on who your appeals attorney will be, you should begin your research by seeking out appeals and post-conviction attorneys who are licensed to practice in the courts within your region. Once you’ve narrowed down your search to 3-4 appeals and post-conviction practitioners, talk to each in attorney, and ask for writing samples. Inquire about previous cases. Make sure they are experienced with the courts of appeal in your area, and knowledgeable about the crimes with which you’ve been charged. An attorney with experience in your region may give you the winning edge- especially when they are thoroughly familiar with the local laws. In other words, hiring an appeals attorney unfamiliar with the nuances of the local laws defining the crime with which you’ve been charged can sometimes lead to missed issues, and ultimately could be a costly mistake.
Because your case is unique, it is important to discuss the details only with an experienced appeals attorney who is willing to listen. Jonathan Laurans is an experienced appeals and post-conviction attorney who is ready to listen, and ready to defend your rights. Please give us a call today at (816) 421-5200, or contact us here.