General Questions
Q: What is an appeal?
A: An appeal is a process by which the events that occurred during the litigation of your case are reviewed for legal errors. If any such errors occurred, then an appeal allows you to seek a remedy for those errors.
Q: How long does the process take?
A: An appeal is, by nature, a lengthy process. You can reasonably expect that it will be more than one year before a court issues a decision regarding the propriety of the events that occurred leading to your conviction and sentence. In certain cases, that number can be lower; in some, higher. But, on average, 12 months is a reasonable expectation.
Q: What sorts of remedies are available to me on appeal?
A: That depends considerably upon what the error was that occurred in your specific case. Sometimes, it's appropriate to seek a modification of a person's sentence. Other times, pursuing a new trial will be available. Until an appellate lawyer has had a chance to review your case, it will be very difficult to say what sorts of relief is available.
Q: Will I be able to prove my innocence to an appellate court by arguing the facts of my case?
A: Typically, the facts of your case are set by what occurred prior to commencing an appeal. An appeal is not the proper forum in which to prove one's innocence. That task is reserved for the trial courts. Instead, an appeal is a process that searches for errors of law that caused an unsound outcome.
A: An appeal is a process by which the events that occurred during the litigation of your case are reviewed for legal errors. If any such errors occurred, then an appeal allows you to seek a remedy for those errors.
Q: How long does the process take?
A: An appeal is, by nature, a lengthy process. You can reasonably expect that it will be more than one year before a court issues a decision regarding the propriety of the events that occurred leading to your conviction and sentence. In certain cases, that number can be lower; in some, higher. But, on average, 12 months is a reasonable expectation.
Q: What sorts of remedies are available to me on appeal?
A: That depends considerably upon what the error was that occurred in your specific case. Sometimes, it's appropriate to seek a modification of a person's sentence. Other times, pursuing a new trial will be available. Until an appellate lawyer has had a chance to review your case, it will be very difficult to say what sorts of relief is available.
Q: Will I be able to prove my innocence to an appellate court by arguing the facts of my case?
A: Typically, the facts of your case are set by what occurred prior to commencing an appeal. An appeal is not the proper forum in which to prove one's innocence. That task is reserved for the trial courts. Instead, an appeal is a process that searches for errors of law that caused an unsound outcome.
What if I have more questions?
As with all legal matters, you are best served addressing any specific questions to a lawyer who can tailor answers to your questions about your particular case. The information above was offered simply to help you understand in a very general way the rules that apply to all persons considering an appeal.
To have your case-specific questions answered, I recommend that you contact me by phone (414.963.6164) or email to set up an initial consultation so we can determine whether I can be of any assistance to you.
As with all legal matters, you are best served addressing any specific questions to a lawyer who can tailor answers to your questions about your particular case. The information above was offered simply to help you understand in a very general way the rules that apply to all persons considering an appeal.
To have your case-specific questions answered, I recommend that you contact me by phone (414.963.6164) or email to set up an initial consultation so we can determine whether I can be of any assistance to you.
