Filing an appeal isn’t a simple process and there are a lot of misconceptions surrounding it. One of the most common is that most people dont know what federal criminal appeals are or how they can affect proceedings. Before deciding to file an appeal, you should use this guide to help clear up any misunderstandings that you may have.
The appeal lawyers in Houston will tell you that this process isnt the same thing as a retrial or rehearing. The appeal isnt going to reopen the facts that were provided at the trial nor are they a chance to give someone else your side of the story. Civil appeal lawyers in Houston work hard to help defend those that were attacked or had their right to a fair trial violated due to legal errors. These alleged errors are then addressed via writing. The format is a lot different than a trial, which usually has a jury and a single judge.
A notice of appeal is a short document that lets the district court know that an appeal is being sent to the appellate court. It is part of the federal process for filing an appeal, but it alone is not enough to be granted the appeal. Criminal appeal attorneys need to file the notice within ten days of judgment in order for it to be considered.
While having appeal lawyers in Houston will help you with the process, they will not necessarily speed up the proceedings. Because the notice of appeal has such a limited window, many people think that the whole process will be filed quickly. The truth is that while justice is important, the system also requires that every appeal be carefully researched before a decision can be made. Appeal lawyers in Houston wont always tell you that the process can easily take a year to complete. Be prepared to wait.
Having the right lawyer can help you in a number of ways; however, especially when it comes to the actual writing of your appeal. Those that arent familiar with legal jargon or dont know the best filing procedures would find this the most time consuming process. Having your attorney write it for you can help make the process much easier on you.
Briefs are the most important part of the written appeal and can often be what decides the case. A brief is a professionally written opening paragraph that summarizes the argument the appellant has. It notes specific legal errors and how they effected the trial. Appeal attorneys Houston write this, as it does contain a lot of precise, legal language.
It is important to have appeals lawyers Houston TX write the brief, as many cases are decided solely on what is written. There are many post-conviction lawyers Houston that can tell you how much the process was sped up just by having a well-made argument in the brief!
The truth is that not every argument needs a long oral debate, and appeals attorneys Houston TX knows this. Most people who file appeals will still want to make an oral argument because they are confusing the concept of an appeal with a retrial. Appellate lawyers Houston usually prefer to keep everything in writing, as this can make the process go much smoother.
Federal courts are very formal and writing is very cut and dry. Oral arguments are time consuming and wont always have the same critical information. If you do decide to make your appeal orally, be prepared to follow a strict set of rules, including a time limit.
Houston criminal appeals attorneys know that the success of your appeal lies in the details and facts that were uncovered. In order to get all of these small details, a Houston appellate law firm needs to go over your case with a fine tooth comb. They need to fact check every detail and include it in the written appeal.
This doesnt just apply to the details of your case, federal procedures require a lot of detailed leg work. If a procedure is done incorrectly, the appeal could be sent back by the courts clerk. If the appeal is bound incorrectly or has the wrong color cover, it could be recorded wrong or thrown out completely. Working with experienced criminal appeals attorneys in Houston helps you make sure that all of these details are being followed.
Contact a local attorney today to get your appeal process started. They can explain in detail what to expect during the process and tell you what you need to do.
Speak with an appellate lawyer.