If you’ve been convicted of a crime, you have the right to appeal your conviction. An appeal case can be described as a review of the trial court’s decision by a higher court. Winning an appeal can be challenging, but it is possible with the help of an experienced criminal appeals lawyer.
In this article, we will discuss tips to help you win your criminal appeal.
Tip 1: Hire an Experienced Criminal appeals lawyer
The first and most important tip for winning a criminal appeal is to hire an experienced criminal appeals lawyer. An experienced lawyer will be familiar with the appellate process and know how to navigate the complex legal issues involved in an appeal.
When looking for a criminal appeals lawyer, it’s important to find someone who has experience handling appeals in the same jurisdiction as your case. This is because appellate rules and procedures can vary from state to state, and even from court to court.
If you are making queries like an appeals lawyer near me, you can start by doing an online search or asking for referrals from friends or family members. Lawyers can also be found by contacting the local bar association for a referral.
Tip 2: Identify the Errors Made During Your Trial
The second tip for winning a criminal appeal is to identify the errors made during your trial. To win an appeal, you must show that the trial court made legal errors that affected the outcome of your case.
Common errors that can be grounds for appeal include:
- Jury misconduct
- Incorrect jury instructions
- Admission of the excluded evidence
- Exclusion of evidence
- Prosecutorial misconduct
- Ineffective assistance of counsel
To identify the errors made during your trial, you should review the trial transcript and consult with your criminal appeals lawyer.
Tip 3: File Your Appeal on Time
The third tip for winning a criminal appeal is to file your appeal on time. The deadlines for filing an appeal can vary depending on the jurisdiction and the type of case.
In most cases, you must file a notice of appeal within a certain number of days after the entry of the judgment. You must file the appeal before the deadline otherwise your right of appeal is lost.
To ensure that your appeal is filed on time, you should work closely with your criminal appeals lawyer and make sure that all necessary paperwork is filed promptly.
Tip 4: Write a Strong Appellate Brief
The fourth tip for winning a criminal appeal is to write a strong appellate brief. An appellate brief is a written argument that outlines the legal issues in your case and the reasons why the trial court’s decision should be overturned.
To write a strong appellate brief, you should:
- Identify the legal issues raised on appeal
- Arguments should stress on legal errors made by the trial court
- Cite legal authority to support your arguments
- Provide a clear and concise summary of the facts of your case
- Use persuasive language and strong writing skills
Your criminal appeals lawyer can help you write a strong appellate brief and ensure that it complies with the rules of appellate procedure.
Tip 5: Prepare for Oral Argument
The fifth tip for winning a criminal appeal is to prepare for oral argument. Oral argument is a hearing in which the parties present their arguments to the appellate court.
To prepare for oral argument, you should:
- Anticipate questions that the appellate judges may ask
- Practice your responses to those questions
- Becoming aware of the legal issues in your case
- Use persuasive language and strong speaking skills
Your appeals lawyer can help you prepare for oral argument and provide guidance on how to present your case effectively.
Tip 6: Consider Filing a Motion for Reconsideration
The sixth tip for winning a criminal appeal is to consider filing a motion for reconsideration. A motion for reconsideration is a request for the appellate court to reconsider its decision. This motion can be filed if there are new legal arguments or evidence that was not available during the appeal.
While not all jurisdictions allow for motions for reconsideration, it is worth discussing with your appeals lawyer if it is an option in your case.
Tip 7: Be Prepared for the Appeals Process to Take Time
The seventh tip for winning a criminal appeal is to be prepared for the appeals process to take time. The appeals process can be lengthy and can take several months or even years to resolve.
It’s important to be patient and to work closely with your criminal appeals lawyer throughout the process. Your lawyer can provide guidance and support, and keep you informed of any updates or developments in your case.
Tip 8: Stay Involved in Your Case
The eighth tip for winning a criminal appeal is to stay involved in your case. While your appeals lawyer will handle the legal aspects of your appeal, it’s important to stay informed and engaged in the process.
Attend all court hearings and meetings with your lawyer, and ask questions if you don’t understand something. You can also provide feedback and input to your lawyer to help them build a stronger case.
Winning a criminal appeal requires a combination of legal knowledge, strategic thinking, and patience. By hiring an experienced criminal appeals lawyer, identifying the errors made during your trial, filing your appeal on time, writing a strong appellate brief, preparing for oral argument, and considering a motion for reconsideration, you can increase your chances of success.
At Brownstone Appeal Lawyers, our team of experienced criminal appeals lawyers is committed to helping our clients win their appeals. We understand the complexities of the appeals process and will work tirelessly to build a strong case on your behalf. Contact us today to learn more about how we can help you win your criminal appeal.
Winning a criminal appeal can be a challenging and complex process, but with the help of an experienced federal appeals lawyer, it is possible. To increase your chances of success, it’s important to hire a lawyer who is familiar with the appellate process and has experience handling appeals in your jurisdiction.