Few things are more upsetting than losing a court case. It might feel like being told you’re wrong, or that your work wasn’t worth it. However, cases are decided by numerous factors. If you disagree with the court’s decision, in most situations you will have the opportunity to appeal your case. Before deciding to appeal, it’s important you understand what you’re doing. If your appeal is granted, you’ll have to prepare your defense all over again. Below are five things to discuss with your appeals lawyer when deciding whether or not to proceed with an appeal.
To contest a court’s decision, you have to know what specifically you are objecting to. That’s where Spolin Law P.C. comes in. Our lawyers know the ins and outs of the process, and will make sure your case is properly prepared. To schedule a free consultation with one of our attorneys, contact us today at (310) 424-5816.
Discuss Your Appeal With An Attorney
When considering whether or not to appeal your case, it’s important to remember that there are differences between an appeal and a regular trial. There will be further work, and further money to invest. There are a few questions you should ask your attorney if you’re considering appealing a case:
Do You Have Experience With Appellate Cases?
Appealing a case requires different work than arguing the original trial. The legal criteria you have to meet to win an appeal are also different. If a lawyer without appellate experience represents you, they may have a difficult time successfully defending you. The skill set required to win an appeal is unique, and you’ll want to make sure your attorney is up to the task.
May I See a Recent Appellate Writing Sample?
Reading an attorney’s writing is a good way to get a sense of their experience. Even if you don’t understand the legal vocabulary, the tone can often suggest whether or not the lawyer is knowledgeable. For additional reference, you can compare it to other examples of appellate writing. Alternatively, you can ask your attorney what points are important in an appellate case. You can then see if they address these points in their sample.
Have You Worked With Appellate Judges In The Past?
The differences between trial and appellate standards will not only affect the writing your attorney has to do. It will also change the factors the judge examines in making their decision. If your lawyer has worked with appellate judges in the past, they’ll better understand what factors the judges look for. Even if your attorney has not argued an appellate case before, they may have clerked for an appellate judge.
What Are Some Possible Arguments You Can Raise During Appeal?
If asking what arguments your attorney may make, you’re not trying to determine the legal merit of the arguments. Instead, you’re simply trying to make sure they’re not rehashing the same arguments from the previous trial.
How Long Do I Have to File My Appeal?
The time you have to file your appeal is variable. California law states that you must file a notice of appeal no more than:
- 60 days after a felony judgement was entered
- 30 days after a misdemeanor judgement was entered
Courts rarely extend the deadline for filing for an appeal. This makes filing in the appropriate time critical to your case. Make sure your lawyer has all the information necessary not to miss this deadline.
Do You Have Questions About How to Appeal Your Case? Call Us Today for Help
The best way to get answers to your questions about appealing a criminal case in California is to speak with an appeals attorney. In Los Angeles, contact Spolin Law P.C. to discuss your situation. An experienced lawyer from our firm will be able to provide the necessary information at every step in the appeals process. Call (310) 424-5816, or use the online form, to schedule your free consultation today.