Appellate Criminal Attorney San Diego
If you are not satisfied with how the trial court passed the verdict, you can always appeal. To do this, you have to file for an appeal with a higher court then write a brief explaining why you feel the ruling was not just. Often times, people who appeal do so to correct a legal error they believe the trial court made. You will need a good appellate criminal attorney San Diego when filing an appeal. Here are some of the frequently asked questions about the appeals process.
What is an appeal?
An appeal is a review of the trial process of a lower court by a higher court. This is done to determine whether legal mistakes were made. It is important to note that the appeal is not a new trial. It is not time to introduce new evidence. The appellate court will only review the mistakes made by the trial court. All in all, it is significant to recognize that appeals are not automatic. You have to hire an appellate criminal attorney San Diego and file for an appeal.
Who is the appellant and the respondent?
The person that appeals is known as the appellant. The opposing side or the party responding to the appellant’s claims is the respondent. You should note that the lawyer you will need for this step is the appellate criminal attorney San Diego. Do not use your defense attorney as your criminal appeals lawyer. Get someone with experience in the appeals process.
When should you file for an appeal?
The timeframe within which you should file an appeal depends on the kind of case you are appealing. In the case of divorce, which is a civil court procedure, you will have up to 30 days to file an appeal. With criminal cases, you have only 10 days to file the notice of appeal. After filing a notice of appeal, the appellate criminal attorney San Diego you are working with will have more time to prepare.
Do you have to notify the respondent?
It is a requirement for your appellate criminal attorney San Diego to notify the opposing counsels that you filed an appeal. This is done by serving him with a copy of the documents you used to appeal. Proof of service has to be provided and all receipts kept. This is crucial in case the opposing counsel denies being noticed.
How long will the appeals process last?
After your appellate criminal attorney San Diego files an appeal, you must give the appeals court time to prepare and evaluate the case. The court’s reporter and clerk have to prepare the transcripts and gather as well as transmit all the records to the appeals court. When the appeal is ready, the department assigned the case often gives their decision within a period of 90 days. Some decisions may take longer.
Can I ask the respondent to pay my attorney?
Yes you can. You just need to include this in the brief. The brief should state why the respondents should pay the fees of your appellate criminal attorney San Diego.