Summerville Appeals Lawyer
An attorney who represents clients on an appeal should have certain skills as an appellate litigator. To name a few, they need to be able to write persuasive briefs, make oral arguments before appellate judges, and carefully research and review trial records and legal cases to detect any errors made at trial.
A successful appeal requires an informed, well-supported legal argument. If you are taking a conviction or legal decision seriously enough to consider appealing it, you may want to find a knowledgeable criminal attorney to represent you. Scheduling a consultation with a Summerville appeals lawyer could make the difference in your case as you take it to the next level.
Appealing Local Administrative Decisions
In general, as explained in the Summerville Code of Ordinances, someone who applies for a permit related to zoning, building, public assembly, or other purpose may appeal the decision to a related administrative board. An applicant who is denied a zoning permit, for example, may appeal to the Board of Zoning Appeals. After exhausting all opportunities for review within an administrative agency, the appellant may pursue an appeal in state or federal court.
A business license may be denied, suspended, or revoked on several bases, as outlined in the Summerville Code, including the criminal record of the applicant or license holder. A business owner or license applicant may appeal the decision to the Town of Summerville Municipal Council. Someone whose permit was denied or license suspended to some detrimental effect may wish to consult a Summerville appeals lawyer to discuss the chances of overturning an administrative decision by pursuing an appeal.
Circuit Courts
Someone convicted of a misdemeanor in a municipal or magistrates court in South Carolina, may appeal to the Circuit Court in the county in which they were charged (a Summerville violation may be appealed in Dorchester County), which hears the case without witnesses on the basis of the trial record. The circuit court may order a new trial or affirm, reverse, or modify an order or judgment as to any party or parties involved in the case. For violations under state law, detailed in the South Carolina Code of Laws (“S.C. Code”), the Circuit Court serves as the initial appellate court where the hearing takes place.
An appeal from the Circuit Court goes to either the state Court of Appeals or the state Supreme Court, which may reverse, affirm, or modify a judgment, decree, or order, in whole or in part, as to any of the parties involved. The appeal decision is then remitted to the lower court for enforcement. If you received a verdict in a municipal, magistrates or county circuit court and want your case merits reconsideration, you may find it useful to contact an appeals attorney in Summerville for an opinion.
Appellate Courts
According to S.C. Code §14-8-200, the South Carolina Court of Appeals has jurisdiction over most appeals from Circuit Courts and over final decisions from agencies and administrative law judges. Per §14-3-330, the South Carolina Supreme Court is the state’s highest court. It has appellate jurisdiction to correct errors of law with exclusive jurisdiction over appeals from circuit courts in cases imposing a sentence of death.
As stated in §18-1 of the S.C. Code, until a criminal case is disposed of, serving notice of an appeal will stay the execution of a sentence. Until then, a convicted person seeking release from confinement must post bail. If the conviction imposes a sentence of death, imprisonment for life, or imprisonment for more than ten years, they cannot obtain release on bail.
Find the Right Counsel and Make an Informed Choice
Under some circumstances, continuing to defend yourself in a legal battle may be your best move. Even a misdemeanor conviction may disrupt your life and cause serious harm. An informed appeals attorney could provide the insight you need before choosing your next step.
If you have questions about a conviction or believe that a court did not consider all aspects of your case before it reached a decision, you may find it worthwhile to discuss your case with a Summerville appeals lawyer.