What happens at the conclusion of your legal matter when the judge makes their ruling, and it’s not in your favor? Do you get a second chance? Many people believe, mistakenly, that they can file an appeal and have a “second chance” or have someone else “change the court’s mind.” While an appeal is a fundamental part of the justice system, it’s not always a guarantee in each case. Even if you’re eligible to file an appeal, who you choose for your Portsmouth, NH appellate lawyer can make a big difference in the outcome of your claim.
Many cases may be eligible for review by the District Court of Appeals, beginning with a petition to the higher court for review of a lower court’s decision. However, building and presenting an appeal is much different than building your initial civil or criminal case, as it requires a detailed knowledge of case law, trial procedure, and state or federal grounds for an appeal.
Don’t risk the future of your legal matter with an inexperienced lawyer or someone who has never argued an appeal before. At Becker Legal, we have extensive experience scrutinizing every line of the initial trial transcript to identify grounds for appeal and deep knowledge of applicable statutes to frame the argument. Contact our firm today to discuss your appeal.
What Does A Portsmouth Appellate Lawyer Do?
An appeals attorney reviews your initial case in civil or criminal court from the perspective of a higher court (a District or state supreme court) to determine whether there are grounds for an appeal. Most appeals are limited to specific legal issues, and arguments often rely on the evidence presented at the initial trial.
Most appeals are based on legal errors. Perhaps you were inadequately represented by your original lawyer, or maybe the trial judge made an error in rulings at trial. Only careful review by knowledgeable legal professionals can spot these minor details that give you grounds to appeal the lower court’s decision.
What To Expect From An Appeal
Appeals tend to be more black-and-white than the initial trial. First, there is no jury; only appellate judges who scrutinize our arguments about an error or omission that occurred in your original trial. We may make an argument that your case be reviewed because:
- The judge mistakenly rejected a motion to suppress testimony or evidence
- The judge permitted evidence or testimony that should have been excluded from consideration by the jury
- The judge made a decision or decisions that were legally flawed
- The judge made an error or over-sentenced you
- A juror was unfit to serve
- The prosecutor unfairly influenced the jury against you
- The judge did not permit a change of venue to permit you a fair trial
- The jury did not receive adequate instructions
If you do have grounds for an appeal, you and your attorney must work fast—there is a small window for action to file your appeal. Usually, it’s just 30 days from the conclusion of your trial.
Are You Eligible To Appeal Your Claim?
If you’re worried that your initial trial was flawed, we may be able to help you appeal the decision of the lower civil or criminal court. A Portsmouth appellate lawyer can review the initial trial record to determine if there are legal errors that should be reviewed by a higher court. Contact Becker Legal today to learn more.