Aiken Appeals Lawyer

In most court cases, the trial court makes a significant number of rulings in a trial or hearing. Sometimes the trial court makes a mistake in applying the law to a case. If you feel the court has erred in a decision, you could file an appeal before the South Carolina Appeals Court to review your case for legal errors.

South Carolina has two appellate courts, and both are in the capital City of Columbia. They have the power to send decisions back to lower courts if they decide a mistake was made during a trial or hearing. A knowledgeable Aiken appeals lawyer could guide you through the appeals process. Contact a distinguished defense attorney today to schedule a consultation.

Appeals Process

While the trial lawyer understands the dynamics of courtroom success, an Aiken appeals lawyer has command of the appeals process. This process is slow and arduous, often taking a year or more before hearing a case. The appellate court must be convinced that the circuit court has could have made a mistake, which requires careful review of the previous decision.

There is no new trial in an appeal and evidence is not presented. There are also no witnesses called to the stand. The case, instead, revolves around the procedural law. A skilled lawyer could navigate the complex rules of the appeals court and fight for the right outcome.

Cases an Appeals Court Will Hear

Technically, the appeals court has the power to hear almost any case that has been adjudicated in a lower court. From property disputes to lawsuits between local Aiken County business owners, to criminal convictions and sentencing, the appeals court hears cases from every area of law not reserved for the State Supreme Court who hears matters such as constitutional issues.

While the appeals court has the authority to hear many cases, it only reverses a small number of appeals or grants a limited number of petitions. This is due to the many procedural hurdles that must be overcome to get a case in front of an appellate court. An Aiken appeals attorney who understands how to navigate the process, keep track of deadlines, and is familiar with the appellate law could help ensure a successful appeal or petition.

Filing an Appeal

Civil appeals require that the notice of appeal be served within 30 days of a lower court’s final decision. In criminal cases, the notice of appeal must be filed within 10 days. Filing an appeal or petition for writ of certiorari is a difficult process that may require the help of an appeals attorney.

The sooner an appeals attorney begins working on an appeal, the better prepared they will be to meet the deadline. It is sometimes possible for a lawyer to request an extension of the deadline for filing an appeal or petition. It is advisable, however, to contact an Aiken appeals lawyer as early on as possible to ensure the best possible chance of a case being heard.

Value of an Aiken Appeals Attorney

The appeals process is extremely difficult to navigate. It requires years of practice to understand. If you are appealing a verdict, trust an Aiken appeals lawyer to bring your case in front of the appeals court. With deadlines, petitions, service, arguments, and motions, an experienced attorney can be an invaluable asset.

For more information about appealing a decision of the circuit court in Aiken County, contact an appeals attorney today and know that you are in capable hands.