Monday, April 16, 2012

Finding Experienced Appeals Lawyers

In the United States court of law, if a person or party is involved in litigation or legal action, and is dissatisfied with the verdict or result from that litigation, they have the right to 'appeal' that decision to a higher court. An appeal is a challenge, or dispute, of the original verdict. Because an appeal case is very different than a typical court case, and because the appeals process needs to follow a very specific protocol, finding experienced appeals lawyers to handle the case is very important.

If a person does decide to appeal his/her case, it must be done immediately after the conviction takes place. The appeal itself is a written document that lets the higher court know that the defendant will be appealing his/her conviction. If an appeal is not entered immediately, or if the notice is not filed, the defendant may not be able to file an appeal at a later date. And this is why appeals lawyers are so important.

Appeals Lawyer

The appeals process differs from a normal trial in several ways. In the appeals trial, referred to as a hearing, there is no jury, and the appeal is focused on an appellate brief which is filed by the defendant's lawyer. The appellate brief presents the defendant's argument on why the verdict in the original trial was incorrect, and also the other party's argument on why the verdict was okay. The judge will question each of the appeals lawyers about the brief, and may allow a short time for oral arguments. In an appeal hearing, there are typically many referrals to precedents set in other trials and court cases.

Finding Experienced Appeals Lawyers

Because of the strict steps and protocol that are demanded in an appeals case, having experienced appeals lawyers who have dealt with them before can increase your chance of success. These lawyers have experience with appeals and finding problems or mistakes with the original trial that can be used as the basis for an appeal. They are familiar with arguing on precedents set in other cases. The appeals process is very lengthy, so both parties should be prepared in terms of time and cost.

Finding appeals lawyers with experience is often done by referrals and word of mouth. Ask friends, co-workers, business professionals, or other lawyers. Public interest groups and non-profit groups may also give suggestions. Most State Bar Associations provide lawyer referral services that can give a list of appeals lawyers in your area who are available for consultation. Appeals lawyers usually charge a small amount of money for initial consultations, although some may provide a free consultation. If you can't afford a lawyer, check with a local free Legal Aid agency to find out what your options are.

If a party feels they have been wrongfully sentenced during a court trial, or if he or she doesn't agree with the outcome, then he or she should talk to an appeals lawyer immediately so that the lawyer can determine if there is a basis for appeal, and file the appeal notice immediately. Having experienced appeals lawyers on your side can make the difference in the outcome of the appeals hearing.

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Cathy Seiler writes Appeals Lawyers [http://www.appealslawyers.info] articles for her [http://www.appealslawyers.info] website.

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