Gaithersburg Appeals Lawyer
The appellate process is very complex and has stringent requirements for submitting cases for review by the appellate courts. While an appeal may be necessary in some cases, winning an appeal might be a challenging endeavor. If you believe a court made the wrong decision regarding your case, a Gaithersburg appeals lawyer may be able to help. A criminal defense attorney who has experience handling criminal appeals may be your best means of effectively challenging an incorrect trial court decision.
Appealing a Decision in a Criminal Case
The state appellate process does not allow aggrieved defendants who have been convicted of a crime to request a new trial in front of a different court. The job of the appellate courts is to review a trial court decision for legal and procedural errors. The appeals court will not consider new evidence that the prosecution or the defense did not present to the lower court during the trial.
When defendants appeal an adverse decision in a criminal case issued by a Maryland Circuit Court, they appeal the case to the Maryland Court of Special Appeals. If they disagree with the decision of the appeals court, they may file a writ of certiorari asking the Maryland Court of Appeals to hear the case. This Court is the highest appellate court in the state.
Initiating an Appeal
Either party to a case may initiate an appeal by filing a notice with the trial court that heard the case. The appealing party must also designate an appellate record that is made of materials that they want to submit to the appellate court. An appeals lawyer in Gaithersburg could ensure that defendants who wish to appeal their decisions comply with the appropriate procedures and timelines for filing an appeal.
The Appellate Process in Gaithersburg
The party appealing the case submits opening briefs to the appellate court. Opening briefs must describe the facts and procedural status of the case and identify the errors made by the trial court that make the decision appropriate for reversal. These briefs also must contain citations to cases, statutes, other legal authorities, and the appellate record. The non-appealing parties then have a chance to respond to these legal arguments by filing a responsive brief.
Finally, the appealing party may file a reply brief to address any issues that the other party raised in their responsive briefs. In some cases, the appellate court will decide the case based on the briefs that the parties have submitted. However, typically, a panel of the appellate court will hear oral arguments from the parties and then issue a written decision. An appeals attorney in Gaithersburg could help the appellant through each step of the process.
Contact a Gaithersburg Appeals Attorney for Advice
Before you file an appeal, you could benefit from having a legal counsel review your trial proceedings and decision thoroughly. In doing so, you may be able to get a clear opinion on the merits of filing an appeal in your case, as well as a better understanding of the appellate process.
Appeals have strict timelines and specific requirements that you must follow if you want to appeal a decision in your criminal case. The appellate process could be lengthy and time-consuming, but a Gaithersburg appeals lawyer could ensure the requirements are met within the given time frame. Call today.