Forest Acres Appeals Lawyer

In many summary court cases, the jury’s or judge’s decision following a trial is the last word in a case.  However, it is possible in some cases to appeal the verdict or ruling by the lower court.  This is done by appealing to be heard in front the South Carolina Court of Common Pleas in Circuit Court (appeal from Summary Court), then the South Carolina Court of Appeals, and possibly even the Supreme Court of South Carolina located in Columbia.

If you have received an unfavorable verdict in a criminal trial, family law matter, or civil action, you should contact a Forest Acres appeals attorney immediately. Make sure you have appellate review of your case by contacting an appeals attorney today to learn more. A dedicated criminal defense attorney could provide you with more information about how you could fight the ruling against you.

Appealing to The South Carolina Court of Appeals

It is not easy to get an appellate court to reverse a verdict and/or sentence. An attorney who understands the technical and procedural aspects of the appeals process could help ensure a case makes it to the court.

Cases which cannot be heard by the South Carolina appeals court include those involving a death sentence, public utility prices and rates, constitutional claims, election law, public bonds, abortion in cases of a minor, and grand jury investigations. These topics are typically limited to the jurisdiction of the South Carolina Supreme Court.

Appealing a Criminal Conviction

For the appeals court to hear a case, the Court must believe that the lower court committed some sort of legal error in conducting a trial. An error may include:

  • Admitting evidence that was illegally obtained
  • Excluding exculpatory evidence
  • Improper jury instruction
  • Improper jury selection
  • Admitting evidence against procedural court rules
  • Misapplication or improper interpretation of the law

A knowledgeable attorney could provide more information about the procedures to bring a case to the appellate court and how to demonstrate an error has been made in the lower courts.

Trial Court Procedure

Satisfactorily demonstrating to the appeals court that a mistake may have been made is a difficult task. It requires knowledge of appeals court procedure and process. While trial lawyers are known for their persuasive rhetoric, charisma, and charm, an appeals attorney relies on their meticulous attention to details. There is no trial in the appeals process. Also, there is no evidence offered or testimony provided. There is merely an examination of the evidence and arguments offered in the previous in order to determine if a procedural or legal mistake was made. An appellate lawyer in Forest Acres could navigate the labyrinthine rules of the appeals court and fight for the right outcome in your case.

The Appeals Process in Forest Acres

Typically, notice of the intent to appeal must be served on all parties within thirty days of receiving a final judgment in civil cases and 10 days for criminal cases. The first step is to contact a Forest Acres appeals attorney as soon as possible. The sooner an attorney could start the preparation necessary to file an appeal, the better prepared the appellant’s attorney could be to file a brief or petition for writ of certiorari.

It is not necessary to use your trial attorney for appeals court. It is more important to have an attorney who focuses and is experienced in filing appeals, rather than one who is familiar with your particular case.

Consult with a Forest Acres Appeals Attorney 

It is recommended that you trust a Forest Acres appeals attorney to bring your case in front of the appeals court. With deadlines, service, petitions, motions, and sometimes oral arguments, your best chance of success is to trust a professional.

If you are interested in appealing a decision of a criminal court Richland County, contact an appeals attorney as quickly as possible. Get the final word in your case. Call today to schedule a consultation.