Portsmouth Appeals Lawyer

If the criminal trial court ruled against you, it may be possible to appeal the decision to another authority. It is a good idea to talk to an experienced Portsmouth appeals lawyer about your options as soon as possible because the time to act is limited.

A knowledgeable criminal defense attorney who understands how to file a successful appeal could help you achieve the outcome you have been working toward. Handling legal appeals is a unique practice, so it is important to work with a legal advocate familiar with working at the appellate level.

What is an Appeal?

When someone appeals a decision, they are asking another judge or another court to review the decision made by someone else and consider whether that decision should have been different. A decision on appeal is usually based on the factual record established in the earlier court proceedings. However, the appellate court may determine that the case should be sent back to the trial court for a new trial. This is known as a remand.

An appellate court could also reverse the lower court’s ruling or uphold that ruling. A seasoned Portsmouth appeals lawyer will work to fully explain the reasons the appellate court should reverse or remand an unfavorable trial court decision.

Grounds for Case Re-examination

To achieve success with an appeal, an individual must assert the right grounds for an appeal. Many factors could provide grounds for an appeal, and there may be more than one factor present in a particular case. The grounds must be some kind of legal error, problem, or mistake. An appellate court will not change a lower court’s decision on the facts of a case because the lower court heard all the evidence and the appellate court did not.

Examples of valid grounds for appeal include:

  • Jury instructions were improper
  • The defendant was represented by ineffective counsel
  • Evidence was improperly excluded or admitted
  • The finding was not supported by sufficient evidence
  • Misconduct on the part of a jury or prosecutor
  • Errors in sentencing

Sometimes it is a seemingly minor factor that provides grounds for an appeal, which is one reason it is a good idea to work with an experienced appeals lawyer in Portsmouth. For instance, while it is not possible to argue that a court made the wrong conclusion based on the evidence presented or that evidence was not credible, it is possible to assert that there was not enough evidence to support the conclusion reached by the trial court.

The Appeals Process

To start an appeal, an individual or the Portsmouth appeals lawyer working on their behalf must file a petition for appeal before the applicable deadline. During the appeal, virtually all arguments will be made in writing. The person seeking an appeal must present a persuasive argument demonstrating why another court should review the case. If the court decides to take the appeal, the attorneys may present oral argument to support their assertions in the pleadings.

An unfavorable opinion by a single appellate judge could be appealed to a three-judge “writ panel.” The parties will submit written briefs to the court for review, and sometimes the case may include oral argument.

Consult a Portsmouth Appeals Attorney Today

Appeals can be essential to someone after an unfavorable outcome in a criminal trial. However, the appellate process is complicated and can be slow as well. Although a person seeking an appeal will need to act quickly to preserve the record and their right to appeal, after that, the pace can drag considerably.

Because the court will not be considering new evidence and will make decisions based on arguments presented in writing, it is a good idea to work with a Portsmouth appeals lawyer who understands how to make the most of the opportunities available in this unique format. Call today to learn about your legal options.