Choosing a Great Criminal Appellate Lawyer
“The Law was made for Man and not Man for the Law.”
This is a statement that has long been used to show the true place of law in society. The law is not meant to victimize people but to keep the society civil and peaceful for everyone living therein.
There are however times when it appears that the legal process is not doing what it should. The need to ensure that we all get the very best that the law has to offer us is the reason why we spend so much retaining lawyers to helps us navigate the sometimes murky legal waters.
• Who is a Criminal Appellate Lawyer
The legal system makes allowance for the possibility of certain errors occurring during the process of a trial or administrative panel hearing. This could be a procedural issue, an over-reach by the lower court or administrative panel or a poor representation for the defendant which can be construed as a violation of his/her rights as stated in the 6th amendment which is fully explained here.
In any of these cases listed above, the defendant can appeal whatever unfavourable judgment results from these proceedings. Appeals can be instituted in both civil and criminal cases. To file this appeal at the appellate court, you will need the help of an appellate attorney.
This type of attorney understands the appeal process and its special requirements in full. They understand what can constitute a valid basis for the ruling of the lower court to be set aside by the higher court and they know how to file this appeal.
Given the above, we can simply say that a criminal appellate lawyer is one who specializes in appealing criminal cases. Criminal cases are a totally different game from civil cases. A criminal case is usually between the accused and the government.
Considering that the judiciary is an arm of the government, getting the government to rule against itself will most certainly require indisputable proof. This is why you need an attorney who knows exactly how to go about the process to get you the best outcome.
• What They Do
The first thing your appellate attorney will do is go through the records of the court proceedings with a fine-tooth comb. The first thing to be determined is if there is a solid basis for an appeal. Since an appeal is not a new trial where fresh evidence will be accepted, every ground for the appeal has to be based on one or more parts of the trial process.
Based on the findings of your appellate counsel and if enough grounds can be determined, s/he will file a brief at the appellate court praying the higher court to reverse the decision of the lower court based on the grounds that have been shown.
The case may simply be decided based on the written briefs but in most cases, the higher court allows for oral presentation to support the filings. Preparing for this process requires very in-depth research. Though it is the actual case that will be thoroughly examined, there may also be a need to refer to previous rulings of the appellate court or even the Supreme Court which can be taken as precedence which should influence the decision on the current appeal.
These are some of the decisions your appellate lawyer will have to make after thoroughly looking at your case. From the above, it is pretty much clear that the success or failure of your intended appeal will be largely hinged on the quality of representation you choose.
• How to Make the Right Choice
Since the lawyer you choose to work with is pivotal to the success of any appeal you may file, it is necessary that we briefly look at a few ways through which you can find top-performing ones.
• Seek Recommendations
This is probably the most efficient and effective way to go about your search. Ask folks around you if they know any appellate attorney that can get the job done. In fact, you may have better luck if you asked people in the legal profession since they easily keep tabs on each other’s performance.
• Check Online
If for some reason you do not get any recommendations, go online and search for criminal appellate lawyers near you. Look at the recommendations and try to get some more info on them. If for example one of the recommendations you got online is https://federalappealslawfirm.com, you can try to find out some more about them.
Start by looking for online reviews about them. You should be able to find this on Google reviews.
These reviews will give you an idea of what to expect from them. To be able to make a choice, you should contact more than one firm. Finally, speak to the ones that you shortlisted based on the reviews and make your final decision after this.
Once again, ensure you choose the right appellate lawyer so you can give your appeal your very best shot!