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
