Fort Worth Appeals Lawyer
If you looking to change a conviction, judgement, or decision made by the courts in Fort Worth, an experienced appeals lawyer is available to help. When the verdict in your criminal trial is mistaken, you may appeal the decision. However, appeal cases are handled differently than an initial trial.
Therefore, if you plan to appeal a court decision, you may want to work with a Fort Worth appeals lawyer who understands appellate procedure. A dedicated defense lawyer could analyze the record of your case to determine the best strategy to work towards a positive outcome.
How Appeals are Different
At trial, attorneys present evidence to try to persuade either the judge or jury of the truth of their version of the facts or events. During a trial, the court makes a finding regarding the facts and then applies the law to those facts. In most cases, the arguments that played an important role in the trial will not be argued at all on appeal.
Appeals are based on application of the law and procedure. These cases are generally based on errors in the court’s procedures or interpretation of the law. Further, much of the argument in an appeal will be conducted in writing rather than verbally. Therefore, the skills that serve an attorney well at the trial level may differ from the experience and skills needed to succeed in an appellate proceeding.
The Process in Fort Worth
When appealing a criminal trial verdict, the party seeking an appeal generally must file a notice of appeal within 30 days of the date the judgement is pronounced. A motion for a new trial may also be filed at this time.
The next step in the process is to contact the clerk of the court and the court reporter to obtain the factual records and the transcript from the trial. These records will be reviewed by the appellate court in making decisions. The judges will usually not be listening to witnesses or considering new evidence.
The Importance of Written Persuasion
After this, the attorney for the person appealing will file an opening brief with detailed arguments of the reasons why the judge should change the lower court’s ruling. The government will then file a response brief. After the government’s brief is submitted, the appellant may file a reply brief addressing the issues raised in the response brief.
These legal documents constitute the bulk of the appeal. The court may schedule oral arguments to discuss issues raised, but it may issue a decision solely based on the information presented in writing.
Appeals Take Time
The appeals process may take months or years to complete. If an appeal does not yield a satisfactory response, the appellant may file a petition for discretionary review to a higher court.
In other types of cases, such as a habeas corpus appeal, the procedure may differ somewhat. These appeals may be filed sometime after a conviction. A Fort Worth appeals lawyer can explain the full appeals process as it might apply to a specific case.
Consult a Fort Worth Appeals Attorney Today
If you are considering filing an appeal, it may make sense to get advice from a Fort Worth appeals lawyer with experience handling all types of criminal appeals. A knowledgeable appeals attorney could review your options and evaluate the arguments that could be raised in your particular case. They can devise a unique strategy that makes the most sense for you. To learn more about your options, call to set up a consultation today.