Washington DC Appeals Lawyer
If you have received an unfavorable decision in the Superior Court of the District of Columbia or in the magistrate’s court, do not give up hope yet. No matter the outcome in a lower court decision, there could be circumstances under which a defendant may be able to request an appeal.
Keep in mind that the appeals process is highly complex and you could need a Washington DC appeals lawyer to help guide you through the process.
It could be important to reach out to an appellate lawyer immediately if you wish to appeal a court’s decision. The appellate rules could be difficult to understand and there may be certain time restraints by law.
An experienced appellate attorney could sit down with you to discuss what grounds you may have for an appeal and help you form the best strategy to protect your interests going forward.
Elements of an Appeal
Simply disliking a judge’s decision typically does not give a person the right to an appeal. Appeals are typically allowed only if legal mistakes were made. Barring any extraordinary circumstances that explain why the evidence was not submitted during the original trial, the rules typically do not allow new evidence to be introduced.
Typically, a defendant could appeal a final hearing if there was a clear error, the judge applied the wrong standard of law to the case, or if the legal process was not properly adhered to.
A knowledgeable DC attorney may be able to sit down with you and go over what happened during the trial in order to determine if there are grounds for an appeal.
What Happens During the Appeals Process?
To appeal a lower-court decision, a lawyer will typically spend time going over the original court decision, the evidence submitted, and testimony presented at trial. The lawyer could file a notice of appeal and inform the court of what records they will present to the appellate court. Appeals attorneys in DC could also draft a brief detailing what happened at the lower court trial and state why the appellate court should reverse the lower court’s decision and state the applicable law based on the attorney’s extensive research.
If the appellate court agrees to grant the petition for an appeal, the court could hear short oral arguments from both sides and ask questions about the briefs submitted to the appellate court.
After the court has heard each party’s argument, the appellate court will typically decide to affirm the lower court’s decision. The appellate court could agree with the lower court or reverse the lower court’s decision. A reversal means the appellate court disagrees with the lower court.
Any decision made by the appellate court could become a binding authority on lower courts. In such a case, lower courts must follow whatever decision is made by the appellate court and the appellate decision has changed the law in the District of Columbia.
How a Washington DC Appeals Attorney Could Help
If the court decision in a case is unsatisfactory, consider speaking with a representative who could advise you of your options. You may have the right to file a petition for an appeal and ask the appellate court to overturn the lower court’s decision. The process is highly complex and may require an attorney with a strong set of legal research and writing skills.
Consider speaking with a Washington DC appeals lawyer today who possesses those skills and who may be able to guide you through the process.