Charlotte Appellate Lawyer

When a trial court makes a legal error, the party that was adversely affected has the right to appeal that decision.

If your case suffered from gross errors in the application of the law, you could have grounds for an appeal. Another common cause includes a judge’s misinterpretation of evidence used in court. Procedural irregularities could also compromise the integrity of a trial. For example, if your attorney was not allowed to cross-examine a key witness, that could be a violation of your rights.

Filing an appeal involves a structured legal process that must meet legal filing deadlines. The first step begins when the appealing attorney files a Notice of Appeal. This notice qualifies the appealing party to complete the remaining steps involved in the appeals process.

The appellate attorney reviews the trial record to document errors that could justify overturning or modifying the trial court’s decision. Once the documents from the trial court are collected and submitted to the Court of Appeals, the appellant attorney will submit a written brief outlining legal arguments to the Court of Appeals.

In some, but not all cases, the Court of Appeals may request oral arguments. Potential outcomes include affirmation (upholding the original ruling), reversal (overturning the decision), or remand (sending the case back for a new trial).

You may believe you are familiar with the appeals process, having spent time witnessing how the family courts work, but the appeals process bears little resemblance to family court hearings and trials. Without legal representation, the appealing party risks missing filing deadlines or failing to make their case clearly based on the law.

An appellate attorney can greatly improve the chances of a successful appeal by methodically collecting evidence from the trial record, identifying errors made during the trial, and crafting persuasive appellate briefs that cite relevant case law. When the things that matter most to you are on the line, such as your right to meaningful time with your children, working with a knowledgeable appellate attorney can help you secure a fair outcome for your case.

Q: How Much Does a Lawyer Charge for an Appeal?

A: The cost of an appeal varies based on the case’s complexity, the lawyer’s experience, and the length of the appellate process. Some attorneys charge a flat fee, while others bill hourly. Appeals can be costly, but overturning an unfair decision could be well worth it, especially when your family estate or child custody rights are at stake. Consulting with an appellate attorney can provide a more specific cost estimate.

Q: What Is the Ideal Way to Win an Appeal?

A: Winning an appeal requires proving that legal errors affected the outcome of the trial. This often involves showing that the judge misapplied the law, key evidence was improperly admitted or excluded, or a party’s parent’s rights were violated. A strong appellate attorney carefully reviews trial records, drafts persuasive legal arguments, and presents them before the appellate court to seek a reversal or new trial.

Q: What Is an Appeal Lawyer Called?

A: A lawyer who handles appeals is called an appellate attorney. Unlike trial lawyers, appellate attorneys focus on analyzing trial records, writing legal briefs, and arguing cases before appellate courts. They do not retry cases or present new evidence but instead challenge legal mistakes made in the original trial to seek a reversal or modification of the verdict.

Q: Does Anyone Testify at an Appeal?

A: No, appeals do not involve witness testimony or new evidence. The appeals process is unique and unlike the trial court case. Appellate courts review trial records, transcripts, and legal briefs to determine if errors affected the case outcome. The process is typically limited to written arguments, though some cases may allow oral arguments where lawyers present their case before appellate judges. No new testimony or cross-examination occurs.

A decision following an unfair or biased trial can have lasting effects on your life and family. With legal representation from Plumides, Romano & Johnson, P.C., you can rest assured that your appeal will be handled by attorneys who understand the grounds for an appeal and how to make a compelling argument before the higher courts.

As your appeal progresses, we can seek a stay of proceedings to pause the implementation of the trial court’s decision while your appeal is under review. Rely on our 175 years of combined legal experience. Contact our office, which is conveniently located just north of Charlotte Marriott SouthPark, today.