Appeals are possible in both criminal and civil cases, although only a defendant may appeal in a criminal trial while either a plaintiff or defendant can appeal after a civil judgement. When an appeal occurs, the person requesting the appeal (the appellant) asks a higher court to take a look at what was done in the original trial and to determine whether the outcome was proper based on court rules and application of the law. There is a specific process for appeals that is very different from the initial phase of litigation.
Selecting the right appeal lawyer can be the key to prevailing on appeal. As you proceed in your selection, Attorney Szabo offers some suggestions and tips for your consideration:
When your case is heard in trial court the judge or jury weighs the evidence presented, and assesses the credibility of witnesses. As the case reaches the appellate court, factual issues and witness credibility are usually no longer considered. With limited exception, the arguments that are made in the court of appeal must also have been addressed in the trial court. The appeal focuses primarily on the law and its correct interpretation and application. For this reason, an appeal must make a compelling case that the trial court made an error of law and that the law is on your side.
It is important that trial counsel also be experienced in appellate litigation, and that your appellate lawyer has a full grasp of the legal issues involved. Your appellate lawyer must comprehensively understand the law so thoroughly that he or she will be able to present new and subtle nuances within the law as clear and forceful arguments in your favor. As an experienced Los Angeles appeal Attorney, Gabor Szabo can provide you with the proper appeal.