If you want to appeal your conviction, you will need the right lawyer. In fact, you might not realize that it could be a mistake to hire your original trial lawyer for an appeals case. These cases require a different approach to the court system. You will need a lawyer trained in this specific area if you want to improve your chances to win an appeal.
How is an appeals lawyer different?
Any new lawyer will bring their own opinions and style to your case. They may be able to find new details, new advantages or even mistakes in the way the court handled your first trial. An appeals lawyer knows how to look for these mistakes.
They also know how to convince judges who handle appeals. They cannot convince the judges the same way a trial lawyer convinces a jury. They know these judges focus on how the first court handled the trial. This lawyer convinces the court on how they should interpret the written law for your situation. They show how the first trial failed to do this.
What mistakes can you avoid?
Hiring the right lawyer is one way to avoid common mistakes in the appeals process. Other mistakes to avoid include the following:
- You wait to hire an appeals lawyer until the deadline of when you can file an appeal.
- You approach the appeal with a high degree of emotion.
- You expect to win your appeal because of a court’s error.
- You are not prepared for the expense of another trial.
- You fail to consider the risks of losing your case (or making it worse).
The court of appeals is not like other courts. Experienced lawyers need to carefully prepare your case to convince judges, not juries. This requires a certain level of knowledge and skill than other trial lawyers have. However, with their help you may be able to reverse a court’s ruling and find a more just resolution to your situation.