Many people think that an appeal is a second trial, however, this is not the case. A defendant will not be able to bring in new evidence in an appeal. An appeal will only contain the evidence and facts that have already been presented and take a second look at them. However, even if an appeal may not be exactly the same as a second trial, there may still be a chance that the decision will be turned around.
What are the chances that an appeal will yield a decision that will be in favor of the defendant? If you have reached this article, you may have already read the first blog post to this two-part installment to answer the question of how often appeals are actually successful.
Getting an Appeal Part 2: How Often Are Appeals Successful?
Conditions that Have to be Met for a Successful Appeal
There are a few conditions that need to be met in order to have any chance at having a successful appeal. Here is a quick guide as to what these conditions are.
1 – You have to Have Reliable Legal Counsel
The first step is to find a lawyer who will be able to help you. Finding a reliable lawyer who has had their fair share of experience will help a great deal. Although it is not guaranteed that you will be able to win your appeal, choosing the right counsel will go a long way.
2 – Your Lawyer Must Review Your Case Well
To be able to present the same evidence in a different light that will help change the final decision, your case has to be reviewed down to the smallest detail. No stone should be left unturned to make sure that your lawyer will be able to point out possible errors made in the original case.
3 – Your Attorney Will Prepare and File an Appeal Brief
After all the evidence has already been reviewed and looked into, your attorney needs to prepare and file the appeal brief.
4 – Your Attorney WIll Prepare a Convincing Oral Argument
Lastly, they will also need to prepare a compelling and convincing oral argument to go with the appeal brief. This should contain all the errors that were made during your original case.
What Does a Successful Appeal Look Like?
You will not fully be able to know if you have a successful appeal until you actually file it and it gets approved. However, if you have amassed many errors in your original case that need to be corrected and have found a good lawyer to represent you, you may have a shot at winning your appeal.
Now that we are ending the second blog post, you may be waiting for the answer to the lingering question since the previous article. How often can a defendant come out successful after an appeal? The answer is not that often. It is very rare that judges abuse their power or overlook some pieces of evidence. However, if you truly believe that your case deserves a second look, getting the right legal counsel to help you will be a crucial step to winning your appeal.
Should you be ready to file an appeal, contact The Fernandez Firm! Mr Fernandez has been lead counsel on numerous trials with expertise in both the State and Federal Courts. Attorney
Frank Fernandez is fluent in Spanish and enjoys serving the Latin community as a
criminal lawyer in Boston. Get one of the best lawyers in Boston to represent you today!