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Criminal And Civil Appeals

Criminal and Civil Appeals

When is a case “over”?

You’ve been to court, and now there is a judgment or verdict that has not gone in your favor. Is your battle over, or has it just begun?

When you don’t get the outcome you want, you have the right to appeal. In many cases, it is only through an appeal that someone finds the victory that they truly deserve. Judges and juries often get things wrong. It’s why there is an appeals process and why everyone has the right to seek an appeal from an unfavorable verdict or judgment.

The appeals process.

If you receive an unfavorable outcome, it is essential to preserve your right to appeal by filing a notice of appeal. There are strict time limits depending on the court or venue in which the unfavorable outcome occurs which dictate when this must be done. Your right to appeal depends on this notice being filed within the applicable time limit.

In some matters it is possible to seek emergency relief while an appeal is pending. In criminal cases, it is sometimes possible to keep a client from being sent to jail or prison while the appeal is decided. In civil cases, it may be possible to preserve a business or other valuable property at risk from a bad outcome until an appeal is determined. In either situation, it is essential to take immediate steps to preserve your rights, and only a court can give you this kind of emergency, temporary relief.

From that point, you face another time limit in which to “perfect” your appeal. Appeals are “perfected” when the appellant (the person appealing the decision) prepares and files the appellate record and an appellate brief.

The appellate record consists of all of the records of the proceedings that led to the unfavorable outcome, and can include trial or hearing transcripts, motions made before or during a trial, and evidence in documentary, video, audio or even physical form that were involved in the proceeding that resulted in the unfavorable outcome.

The appellate brief is the written arguments on your behalf that are prepared and submitted to the court, usually in the form of a small booklet.

Once your opponent has had an opportunity to submit their own written arguments, you get an opportunity to reply, in writing, to the court.

Once all of these written arguments and records are received by the appellate court, a date will be scheduled for an oral argument where you have the opportunity to make your best case against the other side and answer any questions the appellate court may have.

Your best chance on appeal is through the best appellate attorney you can find.

Obviously this process is complicated. The skilled and experienced appellate attorneys at E. Stewart Jones Hacker Murphy routinely appear in state and federal appellate courts to champion the causes of those who received a bad outcome. Our attorneys represent appellants in all sorts of cases, including criminal appeals, appeals in personal injury lawsuits, appeals in tax cases, appeals in family court matters and many more.

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Have Questions?

We Have Answers!
  • If I hire an attorney but do not want to go to trial, can I settle?
    In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
    Contact us now to discuss your case with one of our experienced attorneys.
  • If arrested, what steps can I take on my behalf?

    1. Do not discuss your situation with anyone except your attorney.

    2. Unless your attorney says otherwise, do not discuss your case with law enforcement.

    3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.

    4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
    Contact us now to discuss your case with one of our experienced attorneys.

  • What is the difference between criminal procedure and civil procedure?
    When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
    Contact us now to discuss your case with one of our experienced attorneys.