If you receive an undesirable outcome in a trial, you may be anxious to appeal. Often it seems as thought next natural step after losing a case is to appeal. However, there are three things you need to consider before you move forward with an appeal.
1) You are not getting a new trial.
Appeals are not simply another trial with a different set of judges. In an appeal judges in your jurisdiction will review all of the details of your case as well as a brief presented in writing by your lawyer. An argument from the lawyer on the other side of the case is also presented. Once all of the information is taken into account the judges will issue an opinion. The Leadership Conference explains that an opinion is a formal document that states the decided results of the case.
2) You must prove there was an error in your trial.
In order to appeal, you must show that there was some legal error that took place during your trial. This can include violations of certain rights. Dismay at the outcome of your trial is not enough to take your case to the court of appeals. Talk with your lawyer to discuss the possibility of proving errors or a violation of rights.
3) No new evidence is considered
An appeal is an in depth review of your original trial. Therefore, information that has come to light since the trial or information that was not included in the trial cannot be included in your appeal. There are also no witnesses, old or new, presented during an appeal.
Discuss it with your lawyer.
Appeals can be a lengthy, expensive and difficult process. A good lawyer will help you navigate when it is appropriate to appeal. They can help you determine whether or not an appeal is likely to result in your desired outcomes. Let an expert found at RILawyers help you navigate the system so that you don’t feel lost when you are ready to appeal your trial.
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