Your Guides In An Important Criminal Appeal
Appeals are a crucial part of the criminal justice system. They offer a second chance if a trial involved an error or a violation of your rights.
Even if a judge has issued an unfavorable verdict, your options are not necessarily over. At Lombardi & Miler Law Firm PLLC, our reputable criminal defense attorneys handle a variety of appeals in courts throughout Iowa. We are prepared to advocate for you tenaciously as we guide you through the appeals process.
Understanding The Appellate Process
You have the right to file an appeal if either party made legal errors during the trial, the judge misapplied the law, or new evidence or information appeared that could impact the criminal case. The state has strict procedures when it comes to appeals. The process for appealing a conviction or sentence goes something like this:
- File a Notice of Appeal: You must file these papers within 30 days of the original ruling or you lose the right to an appeal.
- Review transcripts: Request transcripts of the trial so your attorney can thoroughly review them for errors and other grounds for an appeal.
- File an appellate brief: Your attorney files a document containing their argument for an appeal. It is critical that you have a lawyer with outstanding communication and legal writing skills.
- Submission of the case: In a persuasive oral argument, your attorney presents the case for your appeal before a judge.
- Judge’s decision: After hearing the evidence, the judge may overturn the lower court’s decision or remand the case for a new trial. However, they may also affirm its decision.
Appeals are heard by appellate courts – the type of courts that handle matters related to appeals cases. Not every appeal will result in a new trial.
Why You Need Experienced Appellate Lawyers
You likely have only one shot at an appeal, so it is of utmost importance that you work with criminal law attorneys who have a record of successful appeals. You need a lawyer who can identify judicial or procedural errors so you have grounds for an appeal in the first place. Then, your attorney must have the skill to build an appeals case and preset a succinct, thorough and convincing argument for a new trial or a different verdict. Our team possesses these quality in spades. We are fully committed to ensuring you receive justice and a fair shot in the appellate system.
Ask Us About Appealing Your Case
Lombardi & Miler Law Firm PLLC has taken numerous cases to appeal – and won. Learn whether appealing your case is right for you by requesting a free consultation with an appellate attorney. Please call our law office in West Des Moines at 515-513-5324 or send us an email to begin.