Appeal on Legal Grounds

Although some cases are decided solely on the basis of written submissions, many cases are selected for an “oral hearing” before the courts. The hearing before the Court of Appeal is a structured discussion between appellate counsel and the panel of judges, focusing on the impugned principles of law. Each party has a short period of time – usually about 15 minutes – to present their case to the court. There are various reasons to appeal a conviction in California. The chances of overturning a California conviction on appeal depend on the strength of your argument. Some of the strongest arguments in support of these grounds are (but are by no means limited to): Let`s say the Court of Appeal agrees with you that an “adverse error of law” has occurred at the procedural court level. That`s how you win the call! But what happens now? They sometimes make mistakes – big mistakes – in deciding to admit and exclude evidence. If they do, it can be a fertile reason to appeal the criminal conviction. If you appeal, the Court of Appeal will review the case file of the court of first instance to determine whether an error of law was made before the court of first instance that changed the outcome of the case. Keep in mind that the Court of Appeal will not consider new evidence. An appeal is not a new procedure. You can`t appeal a court`s decision just because you don`t like it. There must be a valid reason for your call.

Some people want to appeal simply because they are angry with the judge or the other party. But appeals and prosecutions are very serious, and the court can punish people who bring “frivolous” lawsuits (lawsuits that are not based on a valid reason). If you don`t agree with the final verdict at the end of your trial, don`t despair! You may be able to go through an appeal process to overturn the judgment and get the favorable outcome you are looking for. There are a number of requirements that must be met first, and it must be determined whether or not you meet the requirements of the appeal process. It is strongly recommended that you immediately engage an Orlando appeal lawyer from our firm to determine if your appeal is valid and can be taken to court. With our years of experience and insight, we are more than ready to help you in your case at this crucial time If a judge ignores these sentencing rules, they are imposing an “illegal sentence.” If we can convince the Court of Appeal that the judge has unlawfully convicted you, the court will refer the case to the trial court and ask the trial judge to convict you appropriately. While this may vary depending on the state or type of case you are appealing, the grounds for an appeal are usually as follows: if the prosecution does not prove its case beyond any doubt, but the jury still convicts, we can appeal the criminal conviction for insufficient evidence. Most types of errors fall into this category of judicial discretion, and they are very difficult to obtain on appeal, but not as difficult as in the case of factual errors. If a judge makes an error in the exercise of this discretion, that is not sufficient grounds to appeal, unless you can prove that he or she “abused” that discretion. In cases of “misuse of authority”, the error is obvious because, for example, the evidence presented at trial clearly does not support the judge`s decision or the judge`s decision was completely inappropriate.

For example, suppose that in a custody case, when assessing the factors necessary to determine what is in the best interests of the child, the judge places a great deal of emphasis on the fact that the other party`s house has one more room than yours, but gives very little importance to the fact that the other party has committed domestic violence and has a substance abuse problem. The third option is pre-trial detention. If the Court of Appeal “puts your case in pre-trial detention”, it means that it will “refer” it to the court of first instance with instructions to correct the error. This is usually the case if you become the victim of an illegal punishment. Appeals are decided by a panel of three judges who work together. The complainant submits legal arguments to the panel in writing in a document called “oral argument”. In his pleadings, the applicant attempted to convince the judges that the Court of First Instance had erred and that his decision should be set aside. On the other hand, the party defending against the appeal, known as the “appeal”, seeks to demonstrate in his brief why the decision of the court of first instance was correct or why an error of the court of first instance was not sufficiently important to influence the outcome of the case. Also keep in mind that filing an appeal does NOT preclude the trial court order. Unless you ask the trial court or the court of appeal to postpone (“stay”) the trial court order, you must do what the trial court order requires of you during the appeal.

An application for a stay can be complicated, and you may still have to pay some of the money ordered by the trial court in advance. Ask a lawyer if any of these options would be right in your case and get help. But remember that an appeal is NOT a way to postpone the decision of the trial court. The Court of Appeal cannot change the decision of the Court of First Instance simply because the judges of the Court of Appeal (called “judges”) do not agree with it. The court of first instance has the right to hear the evidence and make its own decision. The Court of Appeal may annul the decision of the Court of First Instance only if, in the proceedings of first instance, it finds an error of law so significant that it has altered at least part of the outcome of the case. Because of the heavy burden on the complainant to prove this type of error, it is quite difficult to succeed. Sometimes it was your lawyer who made a legal mistake, not the judge or jury.

If you can prove that your trial attorney was incompetent — that is, his interpretation was so flawed that it deprived you of your right to a fair trial under the Sixth Amendment — you may be entitled to a new trial based on a right to ineffective counsel assistance.