Initiating the Appeal:

The appeal process begins with the Notice of Appeal, a document that signifies your intent to challenge a decision. This must be filed within a specific timeframe, usually triggered by sentencing.

Compilation of Trial Records:

Once the Notice of Appeal is lodged, the court clerks and reporters prepare a formal record of all evidence and testimonies from the trial. These materials are scrutinized to assess if the original trial was conducted properly and if the rulings were legally valid.

Submission of Briefs:

In this phase, we present a structured argument explaining errors in the decisions of the trial court and/or jury. This typically includes a critique of the lower court’s decision, identification of any errors, and the legal basis for your appeal. The Attorney General in state cases and the United States Attorney in federal court will draft a response and we will file a reply brief addressing each of their counterarguments.

Reply Brief:

In an appeal, the onus of proof lies with the defendant. However, you and your lawyer get another chance to counter the prosecutor’s response. While new evidence cannot be introduced, you can highlight inaccuracies in the defense of the lower court’s decision.

Oral Arguments & Request for Rehearing:

Appeals may also involve Oral arguments that underscore the facts of the case, elucidate the importance of the issues, and provide clarity if questions arise. If the appellate court’s decision is unfavorable, a Request for Rehearing can be filed.

Request for Review:

If the Court of Appeals makes a decision, you can still appeal to the respective Supreme Courts. A Petition for Review or Certiorari is the first step in this process.