Tuesday, October 15, 2019

Requirements for Appealing a Court Case in Albuquerque

It is common to wish to appeal a court decision that does not rule in your favor. Depending on the type of case and the circumstances of the trial, some who lose initial trials are not eligible for appeal. Those that are eligible will find that appealing a court case in Albuquerque requires very specific legal standards to qualify as grounds for appeal.

The petitioner of a federal or New Mexico state appeal must rely on qualified legal representation to begin the process of appealing a judge’s initial decision in a losing criminal or civil case. If a judge can be shown reversible errors were made at the litigation proceedings of the initial case, it is possible to get it sent back to the original court.

If there is a chance that mistakes made by a judge or counsel can lead to the successful petitioning of an appeal, losing defendants owe it to themselves to seek representation from a qualified attorney with experience in the New Mexico appellate court system.

What Kinds of Trial Mistakes Lead to Successfully Appealing a Court Case in Albuquerque?

There are a multitude of errors that judges and counsel can make throughout a trial that can later be used as grounds for an appeal. Some common legal infractions an attorney can use to get your decision appealed are:

1. Procedure - Indications of improper legal procedure at any point throughout the trial may be enough to question an initial decision and constitute grounds for an appeal.  

2. Evidence - An appeal may be granted if a judge in an initial trial improperly allowed or excluded evidence that is prejudicial against the defendant.

3. Principle - If it can be shown that a judge made an incorrect ruling in the process of presiding a trial, it could constitute grounds to mount an appeal to the initial trial’s judgment.
Additional grounds for appeal are:

  • Jury misconduct 
  • Ineffective counsel 
  • Lack of evidence 
  • Newly discovered evidence or witnesses

The process of appealing a court case in Albuquerque can be complicated and frustrating. An experienced lawyer specializing in New Mexico appellate cases will give you the best chance of finding the elements of your case that could be grounds for a successful appeal of the decision from your initial trial.

The Law Office of Scott M. Davidson specializes in appeals, fighting to rectify any errors made in your initial trial. Fill out the contact form or call (505) 255-9084 today for a free, confidential consultation.

Wednesday, September 11, 2019

Why Hire an Appeals Lawyer Instead of a Trial Lawyer to Handle Your Criminal Appeal

Just Appeals of Albuquerque is a leading expert in the criminal appeals process in New Mexico. Hiring an appeals attorney, instead of a criminal trial lawyer, to handle your criminal appeals case can make all the difference in the world when it comes to winning your appeal.

An appeal is much more than simply overturning a verdict. The appeals process is different than what most people think of, especially when based on television’s many different ‘Legal Dramas’. The appeal process itself is extremely different than a trial. An appeal has different procedures and objectives, different filings and time expectations. All of these differences make the appellate lawyer a unique and highly valuable resource to consider when facing a criminal appeal.

So How Does an Appeal Work?

During an appeal, an appellate lawyer or defendant asks the higher court to review the trial proceedings and look for mistakes. Both the defence and prosecution present their arguments in briefs which are submitted to the appellate court along with the record of evidence from the trial. It is a judge, not a jury that reviews the case for legal mistakes only. The appellate court announces its decision in a document called an “opinion” in which the higher court either affirms or reverses the verdict.

What is the Objective of an Appeal?

In a trial situation, the primary objective is to convince the jury that one side of the case is right and the other side is wrong. In an appeal, the judges aren’t concerned with right vs. wrong, they are concerned with the fairness and accuracy of the original trial process itself. The objective for an appellate lawyer is to convince the judges that there were procedural errors.

What are Some of the Benefits of Hiring an Appeals Attorney?

An appeal is not a second trial, it is a new phase of litigation where a lower court's decisions can be defended or exposed of errors. A lawyer whose primary practice is appellate litigation will better navigate the appellate rules, selecting the right arguments and challenges to present to the court. They will also better understand how to write vital appellate briefs that focus on the most pertinent information and issues that will matter to the appellate judges. An appellate lawyer will also be able to craft oral arguments specific to the appeal, convincing those judges of the merits of the appeal itself.

Scott M. Davidson, Founder and Lead Attorney at Just Appeals of Albuquerque has decades of experience focused specifically in the area of appellate and post-judgement litigation.

Contact Scott Today for Your Appeals Consultation (505) 255-9084

Thursday, August 1, 2019

How Can a Criminal Appeals Attorney Help You in Albuquerque?

The criminal appeals attorney Albuquerque men and women trust to represent them during an appeal is one of the most important decisions they can make. At Just Appeals, we believe that every New Mexico citizen deserves fair, honest, and reliable representation from experienced legal professionals. We are fully committed to not only serving our clients’ needs but to also educating the people of Albuquerque about the appeals process. 

Frequently Asked Questions about Criminal Appeals Attorneys in Albuquerque

Often, men and women facing stressful legal situations do not know about the options they can take to proceed according to the law or what is in their best interests. Some of these individuals may mistakenly believe that a criminal appeals firm in Albuquerque can represent them in their time of need. Here are some commonly asked questions:

  • I was just arrested; can I hire an appeals attorney to fight these charges?

        - No, an appeals attorney cannot help you during your arrest or          

  • I need representation for my initial court appearance and trial; can an appeals attorney represent me?

        - No, appeals attorneys do not represent clients in initial court cases.

  • I lost a civil suit and the judge is making me pay the other party; can an appeals attorney reverse this decision?

        - No, appeals attorneys do not seek to overturn sentences determined by  
           the judge.

  • The jury ruled that I was guilty in my criminal trial, but I’m innocent; can an appeals attorney help me overturn the conviction?

        - No, appeals attorneys do not seek to prove whether an individual is 
           guilty or innocent.

How Can a Criminal Appeals Attorney Help You in Albuquerque?

A criminal appeals attorney is able to represent you in the appeals process. The law offices of Scott M. Davidson can provide counsel in the following areas:

  • Pardons & Executive Clemency 
  • Legal & Discretionary Expungements
  • Appellate Litigation 
  • Post-Conviction Petitions Habeas Corpus
  • Immigration Appeals

Our legal team can review your case to determine if any material or reversible errors were made in your initial trial. If we believe errors do exist, we will provide our expert advice on how to proceed and help you through the appellate process if you decide to move forward. To learn more about how a criminal appeals attorney can help you in Albuquerque, contact Just Appeals today.

Friday, June 28, 2019

Difference between Appellate Courts and Trial Courts

If you are currently seeking out an appellate court attorney in Albuquerque, you may be wondering about the ways in which an appellate court proceeding is different from a trial court proceeding. At Just Appeals, our team believes all New Mexico residents should be informed about the different levels of trial proceedings throughout the judicial system. Unfortunately, many defendants are not aware of the differences between an appellate court and trial court prior to their appeal.
Dr. Scott M. Davidson, attorney, and owner of Just Appeals, has over two decades of experience in federal and state trial litigation. Having practiced criminal law at all levels in New Mexico, Dr. Davidson and his legal associates understand these important differences and hopes to educate all current and future New Mexico residents that may choose to file an appeal to the state or federal court system.
The Difference between Trial Court & Appellate Court in Albuquerque
Before you understand the difference between these two courts, you should know the purpose of each. A trial court is the first level judicial hearing in which a court case begins. Two sides present evidence using witnesses and exhibits to the judge and jury. An appellate court consists of a judge or group of judges that hear an appeal that has been successfully filed after the initial trial.
Within these two courts, there are three primary differences:
1.      Trial courts feature witnesses and exhibits. Appellate court proceedings do not. These proceedings only involve lawyers arguing the legal issue the case.
2.      An initial trial court will only contain a single judge, with or without a jury. In an appellate court, there is more than one judge present for the proceedings

3.      In a trial court, there may or may not be a group of jurors overhearing the case. Juries are present in jury trials, while it’s solely the judge in a bench trial. An appellate court case never has members of a jury. These proceedings only involve the final decisions made by a group of judges.
Accurate information is the foundation of a great defense. To learn more about appellate court Albuquerque proceedings, contact the Law Offices of Scott M. Davidson at Just Appeals today.