Appealing a Court Decision - Aaron Delgado & Associates

Appealing a Court Decision

by Aaron Delgado
10/23/18 (Updated: 05/04/20)

Losing a court case can be demoralizing, but it is often in your best interest to appeal the decision to a higher court. That being said, winning an appeal is difficult to do, so it’s essential to have the right appellate attorney working on your behalf during every step of the appeals process.

What is an appeal?

A criminal appeal a process used by an appellate court to review decisions of a trial court in order to determine if a harmful error occurred.

When to File an Appeal

If you’re planning on appealing a court decision, you should start the process as soon as possible to allow enough time to discuss your case with an experienced appellate attorney, meet court deadlines, and appeal an unfavorable decision to a higher court.

Supporting Your Claim With an Appellate Brief

The appellate brief is one of the most important parts of the appellate process; it is the document used for crafting your appeal by proving how the previous court incorrectly applied the law.

Unlike with a trial, where witnesses and experts are called to testify, the appellate brief is a written document. The success of your case depends on this brief, and what will be included in this brief depends on the court in which your case will be appealed. Depending on your circumstances, the appellate court for your case may be governed by Florida law or federal law.

Deadlines for Filing Appeals

The deadlines for filing your appeal will depend on the court it is being appealed to. However, it is important to consider that your appeal may go through multiple courts. For example, if you appeal to a state court and the ruling is upheld, you can then appeal to a federal court.

In order to make sure you meet the deadlines and give yourself the best chance at having your case overturned, you will want to start the appeals process right away. Our experienced appellate lawyers can help with your appeal from the moment you first consider filing an appeal through the very last step of the appeals process.

Appealing to Higher Courts

In the lower courts, you are more likely to win an appeal than you are in the higher courts, and appealing in federal courts is especially difficult. While you are able to appeal all the way up to the Supreme Court, your appeal is more likely to be denied the higher up the court system you go. For this reason, combined with the varying court deadlines, it is imperative to put your appeal together as soon as possible and begin working in the lower courts.

Contact a Daytona Beach Appellate Attorney Today

At Aaron Delgado & Associates, we have extensive experience with civil appeals, criminal appeals, administrative appeals, and family law appeals. Since each of these areas presents unique challenges, the success of your appeal depends on the circumstances of your case.

Don’t delay your appeal. If you have questions about appealing a court decision or are ready to start the appeals process, our experienced appellate lawyers are here to help. Call us today at 386-222-6677 to schedule a free initial consultation.

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