Call Today

Hernandez & Associates Law Firm

Experienced Alabama Appeals Law Firm

Just because you do not like the outcome or result of the trial does not mean there is an automatic appeal. Also, disliking the decisions of the judge may not warrant the reversal of the verdict. You as a litigant must consult with an appellate attorney to discuss your options. Appeals may occur in areas of law such as criminal and family law. An appellate attorney handles cases on appeal after a court renders a verdict or a decision in the trial of the case. Discuss the issues and concerns you have with an experienced appellate attorney.

What to know before you appeal:
1. Provide written notice to the court and opposing counsel of the intent to appeal.
2. Order the trial transcript and complete court record from the court reporter.
3. Select and consult with an appellate attorney.

An appeal is a written argument based on the trial transcript from the jury trial or bench trial. Unlike a trial attorney, the appellate attorney focuses on the court record, court procedures, motions, orders, jury instructions, case law, and arguments directed towards convincing the reviewing court that the trial court committed an error. Appellate attorneys address the standard of review, identify the issues, research the law, and develop the issues through written and persuasive arguments in a concise and effective manner for the reviewing court to consider. In addition, the appellate attorneys may prepare and present oral arguments to the appellate court reviewing lower court decisions.

The difference between trial and appellate attorneys

A trial attorney knows the facts of the case, develops a theory and trial strategy. An appellate attorney examines the written court record with a fresh set of eyes in an objective and complete manner. An appellate attorney identifies the issues to present to the reviewing court then develops those arguments in a persuasive manner. Generally speaking, the facts of the case are established at the trial level and preserved in the trial transcript. The appellate attorney may not argue new facts in the case on appeal.

The appeal questions how the case was tried. The brief may question how and what the evidence was, what was admitted or denied by the trial court, flaws in the argument at the trial level, procedural errors, errors in jury selection and in jury instructions; as well as the ultimate decision or verdict.

Appellate attorneys address the standard of review, identify the issues, research the law, develop the issues through written persuasive argument in a concise and effective manner for the reviewing court to consider.

We want to make sure justice was equalized and your constitutional rights were protected

If you feel your case was handled improperly, we want to hear about it. Our experience with appeals cases has provided us with the ability to know what to look for. Call us today at 251-272-5937.

Christine Hernandez

Related Blog Posts

What is meant by least restrictive environment?

As a previous post here discussed, federal law requires that a student with special needs learn in the least restrictive environment. This post talked about the different ways in which school districts in the Mobile area may choose to assist students with special...