If you’ve been convicted of a crime, you’re entitled to an appeal. While it might feel like you can appeal that outcome of your trial, the final decision isn’t able to be appealed. Instead, you’re appealing something that happened in the trial that led to the final decision that might be deemed inappropriate or unfair. This is where you need an appeals lawyer. At Maxwell Tillman Trial Lawyers, we believe in defending clients and their rights to an appeal. If you’re considering an appeal for yourself or a loved one, we have some answers to frequently asked questions to get you started regarding appeals and lawyers who help with them.

How soon after judgment do I need to file an appeal?

It’s crucial that you move quickly when filing an appeal because you have only 30 days after the final ruling of the case or an appealable motion in the courtroom. Therefore, you need to be in communication with your attorney to ensure that your notice of appeal can be prepared in an orderly fashion and submitted to the circuit court.

Do I need a lawyer to file an appeal?

When it comes to representing yourself in a courtroom, there aren’t many limitations. This includes filing your appeal after judgment has been passed. You’re free to do the necessary research regarding your appeal, assemble your arguments, and appear before the court. However, this is not recommended because you’re not going to have the experience or background knowledge of an attorney who specializes in appeals. Your lawyer is going to know exactly what to look for and how to present it to the court. It’s highly recommended that you work with a lawyer when filing an appeal.

Is the appeals court required to hear my appeal?

It is your right to file an appeal for all civil and criminal matters. Although, your defense must put together a convincing argument on your behalf when filing an appeal as the court can disregard it without ever considering it. This means that your appeal will be seen when it’s first submitted, but it won’t go beyond an initial assessment if the argument isn’t compelling enough. If the judge decides the petition is strong enough, the appeal will be heard.

Can new evidence be introduced with an appeal?

An appeal is not to be treated like a second chance at a court case. Once the ruling has been made, no further evidence can be introduced into the case. Instead, an appeal will address specific aspects of the case. This can include addressing a certain line of questioning that was introduced while the court was in session or questioning the methods that were used to create an argument by the prosecution. These petitions are not allowed to introduce new evidence during the appeal process but can dissect elements of the trial to prove that there was an error committed during the court proceedings.

Are appeals lawyers different from trial lawyers?

In short, yes, appeals lawyers and trial lawyers are different. Trial lawyers do the work of investigating your case and putting together a compelling argument in the courtroom on your behalf. This involves opening statements, examining and cross-examining witnesses, submission of evidence, and closing arguments. In contrast, appeals lawyers are skilled in putting together a clear and concise argument regarding your case. This isn’t presented to a jury but instead is given orally to a panel of appellate judges.

Schedule a free consultation

If you’d like to learn more about the process of filing an appeal, get in touch with our team at Maxwell Tillman Trial Lawyers. Our team of appeals lawyers can help you fight for the rights of you or your loved one by filing a post-judgment appeal. Give us a call today at 205-216-3304 or send a message using our online contact form to schedule a free consultation.