Appellate Law
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Even if you lost your civil case at the trial court level, you shouldn’t give up hope. That’s because there is a chance the conviction could be overturned through the appeals process. Appellate law is intended to correct any mistakes that may have been made by trial courts. This is a very complex and specialized form of law, so it is very important to hire a lawyer who has experience in this area. Appellate lawyers will seek to have a retrial declared or to have the appeals court overturn the decision of the trial court.

Read on to learn more about appellate law and how an appellate lawyer can help you with your case.

What Is Appellate Law?

All cases are initially tried by trial courts. However, the verdict of a trial court can be challenged in an appellate court. Appellate courts are a higher court, meaning they can overturn the verdicts of trial courts. There are appellate courts at both the state and federal level.

What Do Appellate Lawyers Do?

In short, appellate lawyers try to get appeals courts to overturn the decisions of trial courts. However, the process is more complicated than it might sound. The decision of a trial court is based partially on that judge’s interpretation of the law. An appellate lawyer often tries to get appellate judges to expand or change this interpretation of the law.

Appellate lawyers have to be prepared to work very hard for their clients. This is because an appeals case has already had a negative outcome in a lower court. Getting a positive outcome essentially requires getting at least two out of three judges to agree that the trial judge made a serious mistake. Appeals courts do not have juries, which are generally more favorable toward defendants than judges. Instead, verdicts are handed down by a three-judge panel.

The Workflow of an Appellate Lawyer

Once an appellate lawyer agrees to hear a case, they will often begin by carefully reviewing and analyzing all available records of the initial trial. This is because many potential grounds for appeal can be uncovered by looking through the records of the original trial. For example, many successful appeals are focused on a serious procedural error committed by the trial judge. While the defendant may bring this error to the appellate lawyer’s attention, the trial records will provide proof that the trial judge actually committed this error.

After reviewing and analyzing the trial records, many appellate lawyers move onto researching and analyzing case law. This will help them determine whether an appeals court could interpret the relevant case law differently than the trial court, potentially leading to a different verdict.

Next, appellate lawyers will draft briefs explaining the grounds for their appeal and submit them to the appellate court. They will also have to argue for their client in front of the appellate court.

The Possible Outcomes of An Appeal

There are three possible outcomes of an appellate case. First, the appellate court may uphold the verdict of the trial court. If this happens, the case is over. It is also possible for the appellate court to overturn the decision of the trial court. A retrial will likely be ordered in this situation. Finally, it is possible for the case to be sent back to the trial court. This can happen when the trial court needs to retry the case entirely or when a new sentencing hearing must be held.

Why It Is Vital To Get An Experienced Appellate Law Attorney

Appellate law is a very complex area of the law requiring a great deal of knowledge. It is always important to hire an experienced lawyer, but this is even more vital when you have an appellate case. An experienced appellate attorney has a better chance of getting your conviction overturned.

Barnwell Law Group Can Handle Your Appellate Case

Cory Barnwell of Barnwell Law Group is an experienced appellate lawyer. He has successfully represented many clients before appellate courts. If you have been convicted of a crime, Barnwell Law Group can help you pursue an appeal. The sooner you hire Barnwell Law Group after your conviction, the sooner that they can begin working on your appeals case. This is important because representing a client in an appeals case requires a great deal of research. If you have been convicted of a crime and you would like to file an appeal, contact the Barnwell Law Group today. Mr. Barnwell will be able to provide you expert representation through the complex appeals process.

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