Points to Keep in Mind Before Approaching a Criminal Appeals Attorney

For those who feel they have been unjustly convicted of a crime, their case may not be closed. Many criminal convictions are eligible for an appeals process designed to ensure mistakes, made during the trial, come to light. An experienced criminal appeals attorney can scrutinize the case and aggressively investigate errors and unsupported evidence that had a negative impact on a verdict that went against the defendant.

Using Trial Lawyers for Appeals Process

Defendants can build up good relationships with the attorneys that represent them in a criminal trial; however, trial lawyers and appellate lawyers require different types of experience, knowledge, and skills. The main goal of a trial attorney is to present the case to a jury by explaining the details of the case in simple terms that put the defendant in the best light. By contrast, appellate lawyers spend a lot of time researching, writing, and arguing complicated, detailed legal doctrines to a judge.

Unlike the time-sensitive, deadline-heavy responsibilities of a trial, the appeals process allows for the time needed to properly prepare legal briefs to make the arguments of the appeal. A qualified criminal appeals attorney will learn everything about the particulars of the case, as well as all local and federal laws that apply. Additionally, a separate appellate attorney will be able to objectively review the way the case was tried and discover the trial lawyer did not provide the defendant with competent counsel.

Key Points to Consider When Choosing a Criminal Appeals Attorney

Those accused of a crime are given the right to due process and a fair trial. If you feel you have been unjustly convicted due to reversible mistakes made by the judge, jury, or attorneys prosecuting the case, an experienced appellate lawyer will fight to have the decision appealed.

Key points to consider when choosing a criminal appeals attorney include:

• Experience: Your freedom is at stake. You need a lawyer with years of success in representing defendants who have unjustly been convicted of a crime. Dr. Scott M. Davidson at Just Appeals is a highly respected criminal appeals attorney representing Albuquerque residents in their appellate process.
  
• Communication: Transparency and consistent communication are good indicators that your attorney knows what they are doing and have your best interests in mind. When enlisting the services of Scott M. Davidson, you can be sure that communication will be clear and that your concerns will be addressed in a timely manner.
  
• Free Consultation: Most attorneys will offer a free consultation to discuss the details and options in your case. Going into these meetings with a list of questions and concerns will help you keep focused and make sure all elements of the case will be addressed. Dr. Davidson is a qualified appeals lawyer who will analyze each issue, determine whether mistakes were made in the original trial, and begin to mount a legal defense to appeal your conviction.

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The process of appealing a criminal conviction is a stressful, complicated process. Those who believe they have been wrongly convicted should seek the representation of an experienced criminal appeals attorney, Albuquerque trusts. Get in contact with our office to schedule your consultation.

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

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          
           incarceration.

• 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.

Criminal Appeals Attorney: Why is it Important?

The judicial process is full of highly trained professionals that bring order and justice to our society. These men and women defend our constitution and uphold the rights of our citizens. One of the most important members of our justice system is the criminal appeals attorney Albuquerque. These individuals perform a vital service to our citizens, particularly those who may have been unfairly impacted by court proceedings. Just Appeals is the law office of Scott M. Davidson. Our team includes criminal appeals attorneys that represent clients throughout the state and federal appeals process.

Why is a criminal appeals attorney important?

A criminal appeals attorney is a criminal defense lawyer that represents a client throughout the appeals process. This process ranges from filing an initial appeal through the final verdict. Though a criminal defense attorney may represent a client in an initial case, they may not be well-versed in the appeals process which is why a different attorney of specialized knowledge is required.

In a criminal defense trial, the court may convict and sentence a defendant. Although the guilty verdict may be final, the court case is not necessarily closed and complete. Reversible errors, which are errors that are made by the judge, jury or presenter, may have been made in the initial case which has negatively altered your verdict. In these instances, a criminal appeals attorney becomes your most important ally. 

The criminal appeals attorney Albuquerque and federal appeals require will evaluate the potential errors of your case and determine whether or not they have indeed impacted your verdict. If they have, the attorney will file an appeal. If accepted, the criminal appeals attorney will present your case to the appellate courts and fight to restore justice. 

A criminal appeals attorney is important because they fight for your right until the very end. If you believe your guilty verdict was influenced by the presence of reversible errors in your court case, call Just Appeals. Scott M. Davidson and his team will represent you as you appeal your case to the New Mexico Supreme Court. The Just Appeals has the criminal appeals attorney Albuquerque defendants deserve.

Considerations to Make Prior to Choosing a Criminal Attorney

Before choosing a criminal appeals attorney, Albuquerque residents should know that each attorney is as unique as each criminal case. Although many of these criminal appeals attorneys may be qualified to present your case before an appellate court, not all of these individuals will be able to represent you in the most effective manner. Prior to seeking legal representation, the legal team at Just Appeals encourages you to consider the following recommendations as you research criminal appeals attorneys in New Mexico. 

1: Only contact attorneys specializing in criminal appeals.

The legal system is a vast industry containing a multitude of specialty sectors. If you are seeking a criminal appeals attorney, you only want to speak with firms that specialize in criminal appeals. It is highly unlikely that you will receive better representation from a firm specializing in civil law, medical malpractice or insurance dispute cases than you will at Just Appeals. 

2: Verify the experience and reputation of the attorney who may try your case.

Even though an individual may be qualified to represent criminal appeal cases, this does not automatically guarantee that they are successful in their efforts. As you research representation, first, seek out trial professionals who are highly regarded in their field. Verify that they were educated at reputable institutions and their reputation within the community is positive.

3: Research the legal team that assists these attorneys.

No successful attorney is without a dynamic legal team. Often, these teams are significant contributors to the success of a case. Do your due diligence and learn as much about the legal team as possible to discover how well your attorney will be supported as they navigate your appeal.

4: Avoid attorneys who guarantee results.

No attorney can guarantee a successful trial. Do not enlist the help of a legal professional who is overconfident. Your appeal is one of the most important moments in your life — make sure you have an attorney on your side who regards it with the same importance. 

Remember to take your time and choose your trial professional carefully. To learn more about the appeals process, and how to find a reliable criminal appeals attorney that Albuquerque residents trust, contact Just Appeals.