What is an Appeal Lawyer?
Appeal lawyers specialize in legal affairs related to the appellate process. Appeals are a special part of the American court system that allows convicted criminals and civil defendants to petition for review by a higher court after their case has been decided by a lower court. Individuals who have been convicted but want their case to be reviewed on the basis of lack of evidence or the discovery of new evidence can request an appeal. The appeals system is a critical part of the justice system and especially helps those who are wrongfully convicted. However, navigating the legal system and the appeals process can be complex and is often full of hurdles. If you are a defendant who wants to request an appeal, you will greatly benefit from having a highly experienced and competent lawyer at your side.
For defendants and plaintiffs, earning credibility with an appeal lawyer in Melbourne, FL like Arcadier, Biggie & Wood, PLLC can be crucial since they are not involved in or beholden to either side of an issue, unlike trial lawyers. Depending on the jurisdiction in which they practice, an appeal lawyer may work under the supervision of another attorney.
An appeal lawyer is typically responsible for filing all required paperwork and making sure that it meets the proper requirements and deadlines. In some cases, they may have to give oral arguments before the court on behalf of their client. While there are many types of appeals, most appeals fall into one of two categories: direct or collateral. Hiring the best appeal lawyer who has the skills and experience specific to your case can greatly boost your chances of getting the outcome you are looking for.
If you have exhausted your rights in lower courts and feel that your case should be heard again, an appeal lawyer can help you take action towards that goal. They will be devoted to completing the necessary tasks to build your case. A strong appeal lawyer can be instrumental in making your case as strong as it can be. An appeal lawyer can also help you prepare a valuable case in order to avoid having to file an appeal in the first place. They are familiar with the court system and the strategies that will best serve your interests as a defendant.
Appeals can be made on a whole range of issues, including:
- Administrative decision-making
- Personal injury claims
- Child custody and divorce cases
- Contract disputes
- Criminal cases
- Family law matters (e.g. divorce and child support)
It is important to hire an appeal lawyer like Arcadier, Biggie & Wood, PLLC who has the relevant experience in making appeals, and one who is skilled at getting results for their clients. An appeal lawyer in Melbourne, FL will usually charge an hourly rate or a retainer, whichever works out to be more cost-effective for their client. They have a range of options for those who have various financial needs and circumstances. They are fully transparent about the costs of their legal services, and will work with clients to find the best cost-effective solution.
What to Expect From the Appeals Process
The appeals process can take a long time to complete, well over a year. There are many factors that affect how long it will take from start to finish, such as the amount of paperwork involved and lengthy correspondence between the parties involved. If you wish to file an appeal, one of the first things that need to be done is to file a notice of appeal with the circuit court, that contains your intention to begin the process. There are several steps during the appeal, such as the brief and oral argument.
What Are Direct Appeals?
A direct appeal is allowed to most defendants immediately following a conviction and sentencing. It is the most common form of appeal. The appellate hearing is not considered as completely retrying the case, it is an opportunity for your appeal lawyer to argue various aspects of the trial process as they pertain to the ruling or sentencing. A direct appeal can be requested based on issues with the ruling and new evidence. Your appeal lawyer will be able to advise you on the best course of action as it pertains to your case.
What Is a Notice of Appeal?
Typically there is only a short window of time, sometimes 10 days, to file the notice of appeal after entering judgment. The notice of appeal involves directly informing the court of the defendant’s intent to appeal. In some cases there may have been a plea agreement that included a component which states the defendant would not appeal their cases – in some scenarios there may be ways to appeal even after waiving an appeal. If you wish to file an appeal, it is critical that you submit this notice to the court on time.
Direct Appeals Process
A direct appeal takes place in the U.S. Court of Appeals in the district where the trial court case was heard. The process typically consists of the following processes:
- Review of the notice of appeal by the appellate court
- Review of the records of evidence, and facts in the trial court
- Review of the legal basis for the lower court’s decision.
The direct appeal process is unlike the trial court process, as the appellate court does not make factual determinations. This being said, the appellate judges review each sides arguments, accounting only the facts given in the trial court records.
Following the review of the arguments of each side, the lawyer of the defendant will file a brief. The brief in short consists of a statement of facts, their unique legal argument supported by law, statutes, and other legal authority. Following the filing of the brief, the appellate court attorney will file their response to the defendant’s direct appeal brief, allowing time for the defendant to respond to the appellate court response.
The defendant’s attorney will file a brief, which lays out their case, including a statement of facts, and their legal argument supported by case law, statutes, or other legal authority. The government attorney will then file a response to the defendant’s brief. Finally, the defendant will file a reply to the government’s response. At this point, it may be determined that there are questions regarding fact or laws that judges require further clarification about. After meeting any outstanding requests for clarification, the court will issue a decision – either affirming or denying the appeal.
Still, under certain circumstances, this ruling may not imply finality, and there may be other ways to challenge their conviction. At this point, your appeals lawyer will be able to inform you of the viability of further action following the appellate court’s decision. They can explain to you other options that you can consider, if there are any. No matter how tough your case may be, you can rely on an appeal lawyer to prepare your case to the best of their ability. Contact an appeal lawyer to learn more able the viability of appeals as it pertains to your case. An appeal lawyer will be able to advise you on the best possible plan of action for your unique needs.
Do I Need an Appeal Lawyer?
There are a number of scenarios that may necessitate the help of an appeal lawyer. Appeals are often filed because of factual errors, personal opinions, and false statements. An appeal lawyer can also be useful if you were involved in a legal dispute and lost because of factual errors made by the judge. For example, the judge could have ruled against you based on information that was incorrect or incomplete. If the decision was based on false evidence or lies told during the trial, it is possible for an appeal attorney to help you get a new trial or at least get your sentence reduced.
Another reason why you might need an appeal lawyer in Melbourne, FL is if the judge’s ruling was too harsh or unreasonable given your case’s unique circumstances. This can happen when judges make decisions based on their personal opinions rather than the law. If you believe that your ruling was influenced by a judge’s personal opinion rather than the facts or evidence, then filing an appeal with the help of a lawyer could be the right choice. An appeal lawyer can help you argue that the punishment does not fit the crime in your particular situation.
Whatever the grounds for your appeal, an appeal lawyer can take care of every aspect of your case. They will be there to assist you so that you can have a strong case and increase your chances of getting the best possible case outcome. With an appeal, you don’t want to take any risks. Consider your situation to see whether hiring an appeal lawyer can be beneficial.
Are you considering letting trial counsel handle your appeal?
When you are hoping to move to the appellate court, you may be feeling defeated in many ways. In fact, the decision to continue moving forward can be very tough. You may be emotionally exhausted at this point and wondering if you are making the right decision. When this is the case, it is not only important to speak with the lawyers you have been working with but to move forward with speaking with an appeals lawyer. An appeals lawyer from the Law Offices of Arcadier, Biggie & Wood can give you a better idea than a trial lawyer of what the appeals process will look like and what you should be gearing up for when you go to court.
Why do people avoid appeal lawyers?
One of the top reasons that a person might avoid working with an appeal lawyer is because it is simply easier to go with the flow. Whether that means not filing the appeal process or simply using their trial lawyer to move to the appellate court. It is understandable that people feel this way because it can also feel like you are spending more money to have a new lawyer come in just to take the time to relearn your case. That said, there are many reasons you should work with an appeal lawyer.
- An appeal lawyer will not get bogged down in the same details as your trial lawyer. Your trial lawyer was heavily immersed in your case for weeks, months, or longer. An appeal lawyer will know which details are best to focus on when getting the attention of the appellate court.
- An appeal lawyer will bring a fresh perspective. While you might be worried about your appeal lawyer needing to relearn your case, the perspective that they bring to your case can end up being invaluable and can bring fresh perspectives where you need them.
- Your appeal lawyer will have a completely different set of experiences than a trial lawyer. Your appeal lawyer will not be arguing over “he said she said” or trying to get a jury to believe you versus the other side. Your appeal lawyer will be focused less on trying to win people over with an emotional argument and more on the legal facts and rules of your case.
You may think that if you are even getting to the point where you need to go to an appellate court that you will likely already be setting yourself up to lose. However, this is not true, especially in the case where you bring on an appeal lawyer. They will be able to bring up points from the initial trial that perhaps got lost along the way that they believe have a strong chance of hitting home and winning. When you work with an appeal lawyer, you will likely be in for a vastly different experience than you were with your initial legal case and it is imperative that you approach this with an open mind.
Why you should hire Arcadier, Biggie & Wood, PLLC as your appeal lawyer in Melbourne, FL.
Hiring an appeals lawyer is a huge step for anyone. The stakes are high and you want to make sure you hire a great one. If you need an appeal attorney in Melbourne, FL, contact Arcadier, Biggie & Wood, PLLC today. We have the skills and knowledge to win your case.
When your case has gone all the way to court only to lead to an unsatisfactory outcome, you will want to hire an experienced appeal lawyer in Melbourne, FL, before you decide to spend the time and money to go through the appeals process. The Law Offices of Arcadier, Biggie & Wood can provide you with such an experienced lawyer.
Experience & Credentials
With nearly 75 years of combined experience, our lawyers have seen a lot of cases. All three of our partners practice in the appellate levels, and the firm’s managing partner is licensed to practice before both the Florida and U.S. Supreme Court, to name a few credentials.
Implications of an Appeal
When appealing a court’s judgment, questions of law, not fact, are considered. This means that your appeal lawyer needs to have a comprehensive understanding of the legal grounds on which your case stands. Because it does not involve new evidence, the appeal case will consider the legitimacy of the original ruling itself. This requires a keen eye for nuanced details within your case.
An appealed case can be reversed, remanded, vacated, or affirmed. When you win your appeal, it is typically sent to another jury trial. Appellants often start at a disadvantaged position due to being ruled against in the initial court’s judgment. Consequently, appeal lawyers need to be proficient in legal research, analysis, negotiations, and both written and oral arguments. An appeal lawyer Melbourne, FL, should have these qualifications so that you can be situated in the best position possible to win your appeal.
Why not continue with my current attorney?
Hiring an attorney that specializes in appeals is advantageous for multiple reasons. Not only does the attorney have more experience with appeals, but he or she also has a fresh perspective on your case that only a new attorney can have. Appeal attorneys bring a different skill set to the trials, which is very much needed. Appeals require a different perspective than initial trial cases do because they, primarily, focus on the laws’ applications rather than on the case’s facts. They do not have witness testimonies, nor is there a jury to hear the arguments. No records are created when making an appeal as there is no new evidence; however, new arguments are developed, and must be well presented—differently than in the initial trial.
Find an appeal lawyer now.
We prioritize creative perspectives based on first-hand experiences. Because of the diverse and extensive collective experience here at the Law Offices of Arcadier, Biggie & Wood, we are confident in our abilities to provide you with elite legal services. We work diligently to know the ends and outs of your case, and we provide you with frequent updates on its trajectory. As you are looking to move forward to the next step in your case, view the appellate court as a whole new process that requires new strategies because it is and does. Schedule a consultation with us to find your Melbourne, FL, appeal lawyer today.