Santa Ana Appeals Lawyer

Santa Ana Appeals Attorney

If you are involved in a court case but are dissatisfied with the case’s verdict, then your case may go to a higher court called an appellate court. In an appellate court, an appeals attorney reviews the verdict and all legal procedures to ensure the law was applied correctly to the case. You deserve justice, so if you are skeptical or dissatisfied with the judge’s decision, you should hire a Santa Ana appeals lawyer from Blake & Ayaz to challenge the outcome of your case.

It is equally important to consider that sometimes appeals lawyers are hired when the case is won. This is only true for civil cases where both parties can appeal the decision. Furthermore, in criminal cases, only defense attorneys appeal decisions since you are legally unable to be tried for the same crime more than once. This is based on the US Constitution’s law against double jeopardy.

What Does an Appeals Lawyer Do?

An appeals lawyer is hired to review court cases to ensure the law was correctly applied. They are advocates for their clients, called appellants, and they are also advocates of the law. Appeals lawyers do not retry cases nor do they present new evidence. They write arguments of law, called briefs, to appeal decisions and provide oral arguments on behalf of their clients. Sometimes appeals lawyers are hired before the trial as a part of the legal team to provide objectivity.

Here is an example that describes the work of an appeals lawyer:

Suppose you were in a trial case involving a misdemeanor, and your defense attorney made a legal mistake with the evidence. As a result, you were found guilty. You can hire a Santa Ana appeals lawyer to challenge this decision based on the mistake your attorney made.

In general, appeals attorneys deeply understand the appellate process and have a keen understanding of the law and how it should be applied in various situations. Instead of simply arguing the facts of a case, the appeals lawyer will argue how the law is applied in the case. They then logically present these legal arguments to a panel of judges to win the appeal.

When Should I Appeal the Court’s Decision?

You should appeal the court’s decision if you have proof that a legal error or mistake was made in your case. Some examples of legal errors include the following:

• A judge makes a mistake about the law
• The jury was given incorrect instructions
• Misconduct by the lawyers or jury
• Errors made by the lawyer or jury
• No substantial evidence

These errors must have harmed the appellant in some way, provoking them to appeal the court’s decision.

Why Should I Hire an Appeals Lawyer?

If you want to appeal a trial court’s decision, you do not want to hire a trial lawyer since they may be unfamiliar with the appellate process; instead, you want to hire an appeals lawyer. Appeals lawyers will provide objective, logical analysis of the law pertaining to your case. They can see the bigger picture and ensure no stones are left unturned.

It is important to note that winning an appeals case is difficult, and you are unlikely to appeal a case just because you are upset about a court’s decision. There must have been a legal error or mistake made in the trial to appeal a case. An appeals lawyer has the legal acumen to identify such errors and help you appeal your case.

What Is the Appeals Process?

There are two sides in the court of appeals: the appellant and the respondent. The appellant wishes to appeal the judgment, and the respondent or appellee responds to or contests the appeal. Then, the process goes as follows:

• The proceedings begin when the notice of appeals is filed.
• The appellant lawyer has a specific amount of time to file a brief, or a written documentation of their arguments of how the law was misused or how errors were made in the case.
• The respondent then files an answering brief in response to the appellant’s.

Sometimes rulings are made based upon the written briefs alone while other times both lawyers make oral arguments for their case. If the lawyers make oral arguments, they do so in the court of appeals in front of a panel of judges who present questions about each of the arguments.

The appeals lawyer and respondent argue legal principles to determine if an error was made and how it impacts the client. Each side has about 15 minutes to discuss the decision. The panel of judges then makes a ruling on whether or not an error was made in applying the law. Once a decision is made in an appellate court, it is usually final. However, in some cases, the case may go to the Supreme Court or a larger panel of judges.

If the appellate court determines the lower court or trial court’s decision is valid, then the case is over. However, if they determine there is an error, then the judgment is reversed and is sent back to the lower court. If the case goes back to the trial court or lower court, three things can happen:

• There can be a new trial.
• The appellate court can order that the case’s judgment be modified or corrected.
• The trial court considers factors in the appellate court’s decision, including using additional evidence or reconsidering the facts.

The appeals decision, just like a case in a trial, is taken seriously. Sometimes new interpretations of the law or new precedents are discovered in the appellate court. This is why many appellate decisions are made in writing. One judge will write the decision, which is decided based upon the majority. Further, several drafts of the opinion may be written before a final judgment is made.

If you believe you have valid reasons to appeal the court’s decision in your case, you may want to hire an appeals lawyer in Santa Ana. At Blake & Ayaz, we have over 60 years of experience fighting for our clients to ensure their success. Contact us today to see how we can help you with your appeal.