DO YOU HAVE THE RIGHT TO APPEAL?
Appellate law is not only very intricate, but is also characterized by demanding time constraints. Enlisting the aid of legal counsel is vital. A case is not reheard during an appeal, the court is instead focused on reviewing the application of legal procedure from the original trial.
Occurrences during the original trial that may lead to an overturned ruling:
Outright lying or misleading conduct by the prosecution
Sentencing that does not abide by the Federal Sentencing Guidelines
Significant mistakes by your attorney
Evidence that would have strongly aided your defense being disallowed with no valid basis
Evidence against you was gathered in a way that violated your Constitutional rights.
UNDERSTANDING THE APPEALS PROCESS
Your appeal must be filed at the exact trial court where your case was first heard. All paperwork that is filed with the appellate must have a mandatory proof of service, which is a document detailing that the filing party was also supplied with a copy of the appeal to the opposing party. Your attorney will schedule and file the appeal for you, as well as deliver the proof of service.
When appealing a final judgement, you are asking the official court decision to be formally altered because it was decided on in error. The appeal must be filed with the court in order for a new judge to hear your case. Your attorney should then proceed to point out whether the prior ruling was biased, dismissed valid evidence, allowed inadmissible evidence or has overall untrue findings.
The losing party files the appeal because there are unsatsfied with the decision that was agreed upon. The applicant and respondent must both write down their arguments to be submitted before a date is set for the new hearing, and placed on the calendar of the court.
The appealed case will be heard by a group of justices and at least two must agree on a decision for a ruling. Although you can only appeal a court ruling once, if the court chosen refuses to hear the case, you may be allowed to go up the court hierarchy system in order to have your case heard. For misdemeanors or infringement cases there is no court fee for filing an appeal.
DEFENDING YOUR RIGHTS: OKABE & HAUSHALTER
Even though an appeal seems like a sure-fire way to secure your freedom, you need a strong attorney to come up with a winning strategy for success. In order for an appeal to be granted there must be a clear reason for the court to rehear your case. At Okabe & Haushalter, our criminal attorneys approach every case as if it’s our only case and will stand up for the right of the accused to a just trial. Our firm is known across the United States for our in depth knowledge of criminal defense matters. We strive to shed light on vital errors the law enforcement and prosecution could have possibly made throughout proceedings that allow appeals to be an option.