Are you considering taking your case on appeal after an unfavorable outcome at trial? The complexion of a criminal defense case drastically changes when it goes up on appeal. The focus shifts to highly legal arguments regarding the rulings made by the trial judge, the jury instructions, and other questions of law.
What Cases Can Be Appealed?
Most decisions from a federal or state trial court are subject to review by a court of appeals. However, it is often mistakenly believed that losing parties have an automatic right of appeal. For an appeal to made, there must be an underlying legal basis for the appeal. An appellate attorney must be able to find a material error in the trial in order to take an appeal to the Appellate Courts.
The court reviews submitted briefs to determine whether or not there was an error in the trial court's decision. If an error of law is found, the appeals court has the ability to completely reverse a trial decision. Once the appeals court has made a decision, the opportunity for further appeals is limited. For this reason, it's imperative you work with an appeals attorney you feel is best equipped to handle your case.
Why Hire An Appellate Attorney?
Appellate advocacy is a distinct and specialized law practice that draws upon talents and skills that drastically differ from those needed for trial. Appeals are not trials and therefore require a unique legal approach. While trials are based largely on oral argument, appellate decisions are made almost entirely based on written briefs. Trial attorneys can be good writers, but an appellate attorney must be an exceptionally skilled brief writer who knows how to condense the mistakes by the trial court into appealable issues.
Clients often make the error of believing that their trial attorney is best suited to handle an appeal, because he or she already possesses a thorough understanding of the case. However, an outside appellate attorney brings a fresh, objective perspective which is needed for a successful appeal. An appellate attorney is able to identify mistakes made during trial without hesitation and analyze the issues that are best advanced on appeal.
Appellate attorneys are trained to know what trial errors to look for and how to develop those errors into a successful argument on appeal. Chances of a successful appeal dramatically increase with an experienced appellate attorney on your side, because appellate counsel is far more familiar with the issues and arguments that lead to successful appeals.
Consulting and appellate attorney before or during trial is advantageous if an appeal can be an anticipated. An experienced Tupelo appellate attorney can help preserve errors for review by an appellate court. If legal issues have not been properly preserved, appellate attorneys compare post-trial motions for the trial court, which may assist future appellate litigation.
Why Hire William Housley?
Mr. Housley has a wealth of experience and appellate work. He has handled DUI appeals, drug possession appeals, property crime appeals, violent crime appeals, and even death penalty case appeals. To speak with Mr. Housley about your appellate case, contact us today.
