If you are unfamiliar with appeals and what happens in them, don’t worry you are not alone. Having to go to court for anything can be a daunting experience. Even more so when you do not win your case. However, there are lawyers who specialize in taking on appeals. An appeal can be defined as a review of your case by a court that is a higher court than the one that originally heard you case. The whole reason for appeals is to issue a challenge to the decision or ruling that was made in the lower court. In appeals cases, timing is critical and it is also vital that the proper procedures are followed.
If you have been to court in Austin and are unhappy with the judgement and would like to pursue an appeal, then it is best to hire one of the appellate lawyers in Austin to help you with your appeal. This is because appeals are an area of law that is extremely specialized. It is vitally important that you hire one of the appeal lawyers in Austin very early before your case goes to court. Good criminal appeal attorneys will be able to persuade the judges almost entirely on written arguments alone. These arguments will emphasize a detailed analysis of the testimony given at the trial and how the law applies to the case in question.
An appeals process will depend on if the case in question was a felony, a misdemeanor or a simple infraction. Here is what they are and what they consist of.
Criminal offenses that can be punished by time spent in a state prison or by death are known as felonies. Superior Court is the trail court for a felony and as such, the appeals court would then be the Court of Appeal. Once the original judgement has been passed, there is a 60 day window to file your Notice of Appeal. This is critical because if it is late then it will not be accepted. Death penalties are automatically appealed.
Misdemeanors are criminal offenses that are punishable by a fine, county jail time up to a year or both. They are not crimes that are punished by state prison. Once you get your judgement, there is a 30 day window to file your Notice of Appeal. As with felonies, late notices are not accepted. The Notice of Appeal must be filed with the clerks office where ever your trial was.
Typically, an infraction is a violation of a county or city ordinance or a traffic ticket. With an infraction, the court that your appeal will be heard in is the Appellate Division of the Superior Court. Once the trial court has made its judgement, you have a 30 day window in which to file your Notice of Appeal.
Are you aware of the fact that each term there are over 10,000 appeals that get filed with the Courts of Appeal throughout the nation? Anyone who has gone through a court trial is able to appeal their case as soon as a judgement is made if they feel that an error occurred at some point during the hearing. The appellant person seeking an appeal will generally obtain the services of an Austin appellate law firm. Post-conviction lawyers in Austin will gather the evidence from the trial in which their client was convicted and then they will search for flaw in various aspects of the case. This can include any sort of evidence that was permissible yet denied anyway or even sentencing that was harsh or unfair. These Austin criminal appeals attorneys will then present your case in what is known as an appellate court which will then evaluate the process of the original trial. Testimony and/or evidence from the original trial will not be re-examined. An appellate court will hear three types of appeals: As of Right, Writ of Certiorari and Writ of Habeas Corpus. Any of the criminal appeals attorneys in Austin will be able to file the documents and arguments for you regardless of the type of appeal it is.
Having the ability to get an appeal filed is a right in our country that is typically celebrated. SO is the right to have fair representation in court even when you cant afford an attorney to represent you. Many different people find comfort in the fact that just because an adverse verdict was reached in the original trial, that is not necessarily going to be the absolute final decision. Everyone has a right that allows them to have their case reviewed with the assistance of an appellate attorney. Exercise your rights, call one of the appeals lawyers in Austin, TX now for assistance with your case.
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