Mount Pleasant Appeals Lawyer
There are many checks and balances in the legal system. Smaller courts defer to larger courts when making a judgment based on legal precedent. This chain follows from the smallest court, through the court of appeals all the way up to the Supreme Court. This applies for state level cases as well as for federal cases.
What many people fail to realize if they are convicted of a crime is that there is still a possibility for victory by appealing to a higher court. Many times an attorney may withdraw from the case after their client is found guilty. Other attorneys simply avoid some criminal cases altogether. A Mount Pleasant appeals lawyer steps in where other lawyers leave off after conviction. Our legal team is prepared to fight for you to get your ruling overturned.
Reviewing the Record
Your appeals lawyer will review the transcript record of the previous case to pinpoint any legal reasons justifying the appeal for a new trial. The transcripts are the record of everything that happened in the lower court.
This includes copies of all pleadings and motions, legal correspondence and transcripts from the hearings and the actual trial. Reviewing the record is a very time-consuming process that most people are not willing to endure, or know how to spot all the legal issues, or are able to write persuasively to convince the appellate court that the issues have merit.
An appeals attorney must be familiar with the intricacies of procedural law and should understand that research is necessary and maybe the most important aspect in getting you a second chance at trial.
Appeals Process
During the appeals process, your lawyer will argue that the trial judge made a mistake or that there was an error in the proceedings in the lower court. If the South Carolina Court of Appeals or Supreme Court agrees that an error took place, your conviction will be reversed and remanded. The case will then go back to the trial judge.
There are time limitations in place that constrain your appeals lawyer. It is important that you retain your new representation as soon as possible either prior to trial to assist the attorney or immediately after conviction so that all the necessary research and filing can take place. A Mount Pleasant appeals lawyer is familiar with the filing process of an appeal.
Grounds For Appeal
There are a few common reasons for which are grounds for an appeal. Some examples are below.
- The judge denied a motion to suppress evidence
- Your previous attorney made a critical mistake
- The judge did not allow your attorney to present certain evidence at your peril or allowed the Prosecutor to admit improper evidence to your detriment.
- The judge allowed the Prosecutor to argue highly prejudicial comments during opening statement or closing argument.
If you or someone you know has been convicted for a crime following a trial that involved any of the above examples, a Mount Pleasant appeals attorney can help you.
Let a Mount Pleasant Appeal Attorney Assist You
Appealing any ruling requires attention to detail and a desire to overcome challenges. The appeals process is very complex. You will benefit greatly from seeking new representation. Your case does not have to stop at a guilty verdict. If you were convicted of a crime a Mount Pleasant appeals lawyer has the experience necessary to help you overturn the ruling.