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Appeals

What Is An Appeal?

What happens during the appellate process in a civil or criminal case?

Drafting and arguing an appeal to a court requires a unique set of legal skills different than presenting a case to a jury. There are various types of appeals, such as criminal and civil appeal and petitions. An appeal is a request that a higher court review the proceedings of a case. Contact our appeal lawyers to discuss your case. Appeals are granted in order to:

  • REVIEW WHETHER THE LOWER COURT MADE ANY ERROR THAT AFFECTED THE OUTCOME OF THE TRIAL.
  • DETERMINE IF THE VERDICT IN THE TRIAL WAS PROPER OR WENT AGAINST THE WEIGHT OF THE EVIDENCE.

What is Appellate Law?

Appellate law is the area of law that concerns appeals and legal matters before Court of Appeal. Appellate law is the process by which a person challenges a lower court opinion before a panel of judges in order to overturn the decision, opinion, or verdict that is contrary to law. Our appeals lawyers handle 100% appeals in both civil and criminal cases. We focus on state and federal court appeals. We provide our clients with experience and knowledge. This translates into a successful appellate team that believes in winning and providing skilled counsel to our clients. Call Us At 1-888-233-8895

What Does an Appeal Lawyer Do?

An Appeal Lawyer handles cases from trial courts to appellate courts of appeal. Appeals take place before a panel of judges. Appeal lawyers will review the trial record below and find errors that occurred during the trial court process and brief those errors to an appellate court. The appeal lawyers’ job is to show an appellate court what legal or procedural issues went wrong in the trial court process.

Connect with Brownstone Law Firm to learn more about how to appeal your case.

What is an Appellate Brief?

An appellate brief is used by appeal attorneys to show errors committed by the trial court judge, what issues the jury overlooked when making a verdict or decision, any objections that were made by the trial court attorneys, and any pre-trial motions that are the subject of an appeal. Normally an appellate brief can only contain errors that were raised below in the trial court process. Our appellate lawyers also work on federal sentencing guidelines and PSR federal appeals. What this means is that an appeal brief can only challenge issues that occurred during the pre-trial or trial proceedings and not new evidence or new issues that were not raised in the trial court. Connect with our appellate law firm today for a free initial appellate consultation.

What is Appealing a Case?

To appeal a case means that a person files a notice of appeal with the lower trial court in order to take the matter to a higher court or appellate court. Appeals start by filing of a notice of appeal and paying the filing fee. To appeal a case means the person challenges the trial court process or jury verdict.

How Much Does it Cost to Appeal a Case?

Appeals are expensive. A person can appeal a pre-trial matter which is normally less expensive. If a person appeals an entire trial the appellate lawyer can charge quite a bit in order to review the transcripts. The price of an appeal depends on the length of the trial and how many issues are raised on appeal. Appeals are complex and the Brownstone Appellate Law Firm normally charges aflat fee to appeal a case.

What are the grounds for an appeal?

The grounds for an appeal consists of errors made by the lower court judge or areas where a jury got a verdict wrong. The grounds to appeal a case also take into account for any objections made during trial and remarks made before a case is submitted to the jury.  Our law firm handle all types of appeals; contact our criminal appeals attorneys to review your case.

What is the difference between an appellate court and the court where my case was tried?

The outcome in a trial court depends on the votes of jury members and an appellate court has a panel of judges determining the request of your appeal from your trial. For more information, please call our appellate lawyers today at 1-888-233-8895.

How does the criminal appeal process work?

An appeal is started from a criminal trial court. In some case, an appeal can also start from the denial of a post-conviction motion or a habeas corpus petition. Criminal appeals involve looking at all the objections made during trial. Criminal appeals also involve appealing any pre-trial motions to suppress or motions for judgment of acquittal.  Our federal appeals lawyers also handle RICO and conspiracy federal appeals.

What does it mean to win an appeal?

When a party wins an appeal it depends if they are the appellant or appellee. If the party that wins is the appellant, then that means the case is reversed for either a new trial or a new hearing. If the party is an appellee that means the case is affirmed by the appellate court or that there are no errors in the decision below by the judge or jury.

What is an appellate record?

The appellate court makes its decision based on the record that contains documents, exhibits, and evidence from the trial court. Think of it as a hard copy of the trial. In an appeal, the panel does not hear any new evidence. To find out more, please connect with our appellate lawyers.

What does it mean to be granted an appeal?

When an appeal is granted it can mean that the moving party gets the right to appeal the case further or file for an initial brief. For some appeals the party must get permission to appeal before an appeal can be taken to a higher court. The firm handles appeals all over the country including Jacksonville Florida.

What happens when you file an appeal?

When a party files an appeal they are trying to take the case to a panel of judges for review. The filing of an appeal does not mean that the judgment is stayed or reversed pending appeal. In order to get a stay pending appeal, a party must move for a surety bond in a civil case or a bond pending appeal in a criminal case.

How Many Federal Circuits are there in the country?

There are 12 federal appellate courts of appeals including the US Supreme Court. There is also a federal circuit court of appeals for the United States as well as the DC Circuit Court of Appeals.  The federal circuits sit in various locations in the nation. For example, the Ninth Circuit sits in Oregon and in California. It is one of the largest courts of appeals and mostly hears case from California federal appellate court.  The Fourth Circuit handles federal appeals from South Carolina and North Carolina. The Fourth Circuit sits in Richmond Virginia.

Typically, feelings and emotions will dictate the outcome of a trial. An appellate attorney deals with only what is on the record from the trial, which is stripped of all emotions felt during the trial because these are not written on the record. This way, it is seen from an omniscient perspective. For more information, please contact us at 1-888-233-8895.

An appellate attorney is more familiar with the proceedings in the appellate court and often has a different set of skills than a trial attorney. Appellate attorneys are also more experienced with the members of the appellate court. For more information, please call 1-888-233-8895.

Yes. Appellate courts have mostly technical rules regarding briefs. To find out more, please call 1-888-233-8895.

No. Typically what will sway a trial judge or jury is not the same as what concerns an appellate court panel. To find out more, please call 1-888-233-8895.

The earlier you can hire an appellate attorney, the better. This ensures that the attorney has as much time as possible to prepare the best quality brief. Sometimes an appellate attorney can be hired as early as during the end of a trial. For more information, please contact us at 1-888-233-8895.

When the panel has questions, they typically would like them answered by the person who researched the law and is most familiar with the record, and should be the person who wrote the brief. For more information, please call 1-888-233-8895.

Oral argument consists of each attorney presenting their cases, one at a time, to the appellate court. This gives the judges the opportunity to ask questions and poke holes into each argument. An effective appellate attorney can anticipate the questions that the panel may ask and can have answers thoroughly researched and ready. To find out more, please call 1-888-233-8895.

The standard of review is the way an appellate court will look at the issues in your case. There is are multiple standards such as de novo, competent substantial evidence, rational basis, preponderance of the evidence, and abuse of discretion.

An appeals court judge panel can choose to affirm, reverse, or remand your case. If they choose to “affirm,” the judgment of the lower court remains as though the appeal had never happened. If they choose to “reverse,” the judgment of the lower court is negated. If the court “remands,” the case is sent back to trial to be redone in all or in part. For more information, please contact us at 1-888-233-8895.

If your case is affirmed, the lower court must apply the upheld judgment. If the court decides to remand your case, there will be a new proceeding in trial court. This is where the court could hear new facts and could choose to come to a different decision based on the appellate ruling. To find out more, please call 1-888-233-8895.

An issue that was not comprehensively presented in trial is referred to as “preserved.” These are issues that are seldom considered in appellate courts. For more information, please call 1-888-233-8895.

Our appellate Law Firm is committed to winning and do the best we can for our clients when it comes to appeals. When you win an appeal the case is either:

  • Overturned and the civil or criminal judgment is vacated.
  • Reversed for a new trial.
  • Reversed and remanded with instructions to the lower court to follow a law.
  • In criminal cases the defendant is removed from custody, obtains a new trial, receives a lower sentence, or a plea is withdrawn.

Cases that are “reported” are ones that the court decides are helpful models for the future. They become a permanent and published record. Cases that are based on facts and may have involved a settlement are usually not as useful in modeling future outcomes of appeals and therefore are not reported. For more information, please call 1-888-233-8895.

Most appeals take about 6 months to a year, while some can take longer. For more information, please contact us at 1-888-233-8895.

Sometimes just filing an appeal can be a motivation to reach a settlement because both parties can foresee the costs and delays that comes with the appeal process. However, settlement can happen at any time during the appeal. To find out more, please call 1-888-233-8895.

There are two steps of appeals in the federal system and in most states. Some cases can be further appealed to the United States Supreme Court. For more information, please contact us at 1-888-233-8895.

There are numerous appeals courts in Florida. Appeals start with the lower court and then proceed through a chain of appellate courts.

  • Municipal/County Court appeals proceed to the Circuit Court
  • Appeals from District Court proceed to the Court of Appeals
  • Appeals from the Court of Appeals proceed to the Supreme Court
  • Appeals from the State Supreme Courts proceed to the U.S. Supreme Court
  • Juvenile Petitions proceed to the Circuit Court
  • Nationwide Appeals in Federal Court

Both the prosecution and defense have a right to one appeal. Appeals following the initial appeal may be deemed discretionary, and the next appellate court uses its discretion to hear the case.

An appeal may result in a verdict being overturned. In some cases a verdict may be reversed and remanded so the parties may litigate the case in the lower level court once again. In criminal cases, this means a defendant is provided a new trial in the lower court. In order to appeal to the U.S. Supreme Court, the appeal must concern Federal law or fall under Federal jurisdiction, such as a violation of Constitutional Rights. This type of appeal is discretionary, and if the matter does not involve a federal issue, the U.S. Supreme Court will not assert jurisdiction or hear the appeal. We handle appeals across the entire United States. Please visit our national appellate website for Federal Appellate Lawyers.