Appellate court practice is totally different from the trial court experience. The appellate system operates to review the trial court judge’s actions and then determine if errors or constitutional violations occurred. There are exact procedure and time lines that must be followed to the letter. Any deviation from these procedures can result in a dismissal of your case.
Our firm has attorneys with extensive appellate court practice, including Utah Supreme Court, Utah Court of Appeals, United States Supreme Court, and various Federal Appellate Courts. We have one of the highest winning percentages in the appellate courts of any firm in the state. Having the experience to successfully write a brief for the appellate court is a necessity. Have the benefit of extensive oral argument experience helps ensure that you receive the best possible defense on appeal.
An appeal is generally done through the writing and filing of a brief. An appellate brief is a lengthy legal document that reviews the facts of your case, the claims of errors and the request for a remedy of those errors. The brief is somewhat like an extensive report, covering the facts of your case and then comparing those facts to other cases that have been reversed on appeal. The research required for these brief is wide-ranging, and the application of logic and reason is an intricate part of your appellate brief.
What can we do to help?
- Early preparation, including legal research and appellate issue identification
- File appropriate motions to possibly get a delay of incarceration while your appeal is taken through the court system
- Order and review transcripts of he proceedings
- File timely notices of appeal and other pleading to keep your case moving along and ensure proper review of your case
- File motions along the appellate process to preserve you constitutional rights
- File a well researched, logical and persuasive brief with the court
- File a reply brief
- Present a well reasoned and expert oral argument
DISCLAIMER
The statements above are not legal advice! This statements are not intended to be a comprehensive statement of law of your particular case. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies to your particular case.