If you have been arrested or charged with a crime, you may ask: “How difficult is it to clear my record?” The laws relating to expungement are highly variable between jurisdictions and different states have different requirements that need to be met before an expungement can be granted. Expunging a record is much more complicated than typing “how to expunge my record” into your internet search engine. It’s definitely a good idea to contact an experienced expungement attorney who can advise you about the requirements needed to get your prior charge or conviction expunged, taking into account local rules and the facts of your case. Failure to follow the process properly can cause needless delays or worse including denial of expungement due to procedural errors. Additionally, it is smart to have an experienced attorney review the circumstances of your case to determine whether expungement is the best option for you at this time. In some cases, post-conviction relief under the rules of criminal procedure or executive clemency may be more appropriate than expungement. Getting an expungement lawyer can increase your odds of success and expungement representation is typically more affordable than you may think.
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If you have been arrested or charged with a crime, you may ask: “How difficult is it to clear my record?” The laws relating to expungement are highly variable between jurisdictions and different states have different requirements that need to be met before an expungement can be granted. Expunging a record is much more complicated than typing “how to expunge my record” into your internet search engine. It’s definitely a good idea to contact an experienced expungement attorney who can advise you about the requirements needed to get your prior charge or conviction expunged, taking into account local rules and the facts of your case. Failure to follow the process properly can cause needless delays or worse including denial of expungement due to procedural errors. Additionally, it is smart to have an experienced attorney review the circumstances of your case to determine whether expungement is the best option for you at this time. In some cases, post-conviction relief under the rules of criminal procedure or executive clemency may be more appropriate than expungement. Getting an expungement lawyer can increase your odds of success and expungement representation is typically more affordable than you may think.
Learn more about how to expunge your record Appellate law states that the final judgment of a lower court can be appealed to the next higher court only once. This means that the number of appeals depends on how many courts are "superior" to the court that made the decision. Generally in Albuquerque, New Mexico, you can appeal a case twice. Once after the initial decision is made in trial. This appeal is sent to the court of appeals. The second appeal may occur after a decision has been made in the court of appeals and the Supreme Court agrees to hear the case. It is very uncommon for the supreme court to hear an appeal unless it contains controversial decisions.
Learn more at https://www.justappeals.net/appealing-a-court-case-albuquerque-new-mexico/ For those who feel they have been unjustly convicted of a crime, their case may not be closed. Many criminal convictions are eligible for an appeals process designed to ensure mistakes, made during the trial, come to light. An experienced criminal appeals attorney can scrutinize the case and aggressively investigate errors and unsupported evidence that had a negative impact on a verdict that went against the defendant. Using Trial Lawyers for Appeals Process Defendants can build up good relationships with the attorneys that represent them in a criminal trial; however, trial lawyers and appellate lawyers require different types of experience, knowledge, and skills. The main goal of a trial attorney is to present the case to a jury by explaining the details of the case in simple terms that put the defendant in the best light. By contrast, appellate lawyers spend a lot of time researching, writing, and arguing complicated, detailed legal doctrines to a judge. Unlike the time-sensitive, deadline-heavy responsibilities of a trial, the appeals process allows for the time needed to properly prepare legal briefs to make the arguments of the appeal. A qualified criminal appeals attorney will learn everything about the particulars of the case, as well as all local and federal laws that apply. Additionally, a separate appellate attorney will be able to objectively review the way the case was tried and discover the trial lawyer did not provide the defendant with competent counsel. Key Points to Consider When Choosing a Criminal Appeals Attorney Those accused of a crime are given the right to due process and a fair trial. If you feel you have been unjustly convicted due to reversible mistakes made by the judge, jury, or attorneys prosecuting the case, an experienced appellate lawyer will fight to have the decision appealed. Key points to consider when choosing a criminal appeals attorney include:
Learn More The process of appealing a criminal conviction is a stressful, complicated process. Those who believe they have been wrongly convicted should seek the representation of an experienced criminal appeals attorney, Albuquerque trusts. Get in contact with our office to schedule your consultation.
It is common to wish to appeal a court decision that does not rule in your favor. Depending on the type of case and the circumstances of the trial, some who lose initial trials are not eligible for appeal. Those that are eligible will find that appealing a court case in Albuquerque requires very specific legal standards to qualify as grounds for appeal. The petitioner of a federal or New Mexico state appeal must rely on qualified legal representation to begin the process of appealing a judge’s initial decision in a losing criminal or civil case. If a judge can be shown reversible errors were made at the litigation proceedings of the initial case, it is possible to get it sent back to the original court. If there is a chance that mistakes made by a judge or counsel can lead to the successful petitioning of an appeal, losing defendants owe it to themselves to seek representation from a qualified attorney with experience in the New Mexico appellate court system. What Kinds of Trial Mistakes Lead to Successfully Appealing a Court Case in Albuquerque? There are a multitude of errors that judges and counsel can make throughout a trial that can later be used as grounds for an appeal. Some common legal infractions an attorney can use to get your decision appealed are:
1. Procedure Indications of improper legal procedure at any point throughout the trial may be enough to question an initial decision and constitute grounds for an appeal. 2. Evidence An appeal may be granted if a judge in an initial trial improperly allowed or excluded evidence that is prejudicial against the defendant. 3. Principle If it can be shown that a judge made an incorrect ruling in the process of presiding a trial, it could constitute grounds to mount an appeal to the initial trial’s judgment. Additional grounds for appeal are:
The process of appealing a court case in Albuquerque can be complicated and frustrating. An experienced lawyer specializing in New Mexico appellate cases will give you the best chance of finding the elements of your case that could be grounds for a successful appeal of the decision from your initial trial. The Law Office of Scott M. Davidson specializes in appeals, fighting to rectify any errors made in your initial trial. Fill out the contact form or call (505) 255-9084 today for a free, confidential consultation. Original Source: https://appealsjust.blogspot.com/2019/10/requirements-for-appealing-court-case.html Just Appeals of Albuquerque is a leading expert in the criminal appeals process in New Mexico. Hiring an appeals attorney, instead of a criminal trial lawyer, to handle your criminal appeals case can make all the difference in the world when it comes to winning your appeal. An appeal is much more than simply overturning a verdict. The appeals process is different than what most people think of, especially when based on television’s many different ‘Legal Dramas’. The appeal process itself is extremely different than a trial. An appeal has different procedures and objectives, different filings and time expectations. All of these differences make the appellate lawyer a unique and highly valuable resource to consider when facing a criminal appeal. So How Does an Appeal Work?During an appeal, an appellate lawyer or defendant asks the higher court to review the trial proceedings and look for mistakes. Both the defense and prosecution present their arguments in briefs which are submitted to the appellate court along with the record of evidence from the trial. It is a judge, not a jury that reviews the case for legal mistakes only. The appellate court announces its decision in a document called an “opinion” in which the higher court either affirms or reverses the verdict. What is the Objective of an Appeal?In a trial situation, the primary objective is to convince the jury that one side of the case is right and the other side is wrong. In an appeal, the judges aren’t concerned with right vs. wrong, they are concerned with the fairness and accuracy of the original trial process itself. The objective for an appellate lawyer is to convince the judges that there were procedural errors. What are Some of the Benefits of Hiring an Appeals Attorney? An appeal is not a second trial, it is a new phase of litigation where a lower court's decisions can be defended or exposed of errors. A lawyer whose primary practice is appellate litigation will better navigate the appellate rules, selecting the right arguments and challenges to present to the court. They will also better understand how to write vital appellate briefs that focus on the most pertinent information and issues that will matter to the appellate judges. An appellate lawyer will also be able to craft oral arguments specific to the appeal, convincing those judges of the merits of the appeal itself.
Scott M. Davidson, Founder and Lead Attorney at Just Appeals of Albuquerque has decades of experience focused specifically in the area of appellate and post-judgement litigation. Contact Scott Today for Your Appeals Consultation at (505) 255-9084 Original Source: https://appealsjust.blogspot.com/2019/09/why-hire-appeals-lawyer-instead-of.html The criminal appeals attorney Albuquerque men and women trust to represent them during an appeal is one of the most important decisions they can make. At Just Appeals, we believe that every New Mexico citizen deserves fair, honest, and reliable representation from experienced legal professionals. We are fully committed to not only serving our clients’ needs but to also educating the people of Albuquerque about the appeals process.
Frequently Asked Questions about Criminal Appeals Attorneys in Albuquerque Often, men and women facing stressful legal situations do not know about the options they can take to proceed according to the law or what is in their best interests. Some of these individuals may mistakenly believe that a criminal appeals firm in Albuquerque can represent them in their time of need. Here are some commonly asked questions:
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How Can a Criminal Appeals Attorney Help You in Albuquerque? A criminal appeals attorney is able to represent you in the appeals process. The law offices of Scott M. Davidson can provide counsel in the following areas:
Our legal team can review your case to determine if any material or reversible errors were made in your initial trial. If we believe errors do exist, we will provide our expert advice on how to proceed and help you through the appellate process if you decide to move forward. To learn more about how a criminal appeals attorney can help you in Albuquerque, contact Just Appeals today. Original Source: https://appealsjust.blogspot.com/2019/08/how-can-criminal-appeals-attorney-help.html If you are currently seeking out an appellate court attorney in Albuquerque, you may be wondering about the ways in which an appellate court proceeding is different from a trial court proceeding. At Just Appeals, our team believes all New Mexico residents should be informed about the different levels of trial proceedings throughout the judicial system. Unfortunately, many defendants are not aware of the differences between an appellate court and trial court prior to their appeal.
Dr. Scott M. Davidson, attorney, and owner of Just Appeals, has over two decades of experience in federal and state trial litigation. Having practiced criminal law at all levels in New Mexico, Dr. Davidson and his legal associates understand these important differences and hopes to educate all current and future New Mexico residents that may choose to file an appeal to the state or federal court system. The Difference between Trial Court & Appellate Court in Albuquerque Before you understand the difference between these two courts, you should know the purpose of each. A trial court is the first level judicial hearing in which a court case begins. Two sides present evidence using witnesses and exhibits to the judge and jury. An appellate court consists of a judge or group of judges that hear an appeal that has been successfully filed after the initial trial. Within these two courts, there are three primary differences:
Accurate information is the foundation of a great defense. To learn more about appellate court Albuquerque proceedings, contact the Law Offices of Scott M. Davidson at Just Appeals today. Original Source: https://appealsjust.blogspot.com/2019/06/difference-between-appellate-courts-and.html The judicial process is full of highly trained professionals that bring order and justice to our society. These men and women defend our constitution and uphold the rights of our citizens. One of the most important members of our justice system is the criminal appeals attorney Albuquerque. These individuals perform a vital service to our citizens, particularly those who may have been unfairly impacted by court proceedings. Just Appeals is the law office of Scott M. Davidson. Our team includes criminal appeals attorneys that represent clients throughout the state and federal appeals process.
Why is a criminal appeals attorney important? A criminal appeals attorney is a criminal defense lawyer that represents a client throughout the appeals process. This process ranges from filing an initial appeal through the final verdict. Though a criminal defense attorney may represent a client in an initial case, they may not be well-versed in the appeals process which is why a different attorney of specialized knowledge is required. In a criminal defense trial, the court may convict and sentence a defendant. Although the guilty verdict may be final, the court case is not necessarily closed and complete. Reversible errors, which are errors that are made by the judge, jury or presenter, may have been made in the initial case which has negatively altered your verdict. In these instances, a criminal appeals attorney becomes your most important ally. The criminal appeals attorney Albuquerque and federal appeals require will evaluate the potential errors of your case and determine whether or not they have indeed impacted your verdict. If they have, the attorney will file an appeal. If accepted, the criminal appeals attorney will present your case to the appellate courts and fight to restore justice. A criminal appeals attorney is important because they fight for your right until the very end. If you believe your guilty verdict was influenced by the presence of reversible errors in your court case, call Just Appeals. Scott M. Davidson and his team will represent you as you appeal your case to the New Mexico Supreme Court. The Just Appeals has the criminal appeals attorney Albuquerque defendants deserve. Original Source: https://appealsjust.blogspot.com/2019/05/criminal-appeals-attorney-why-is-it.html Before choosing a criminal appeals attorney, Albuquerque residents should know that each attorney is as unique as each criminal case. Although many of these criminal appeals attorneys may be qualified to present your case before an appellate court, not all of these individuals will be able to represent you in the most effective manner. Prior to seeking legal representation, the legal team at Just Appeals encourages you to consider the following recommendations as you research criminal appeals attorneys in New Mexico.
1: Only contact attorneys specializing in criminal appeals. The legal system is a vast industry containing a multitude of specialty sectors. If you are seeking a criminal appeals attorney, you only want to speak with firms that specialize in criminal appeals. It is highly unlikely that you will receive better representation from a firm specializing in civil law, medical malpractice or insurance dispute cases than you will at Just Appeals. 2: Verify the experience and reputation of the attorney who may try your case. Even though an individual may be qualified to represent criminal appeal cases, this does not automatically guarantee that they are successful in their efforts. As you research representation, first, seek out trial professionals who are highly regarded in their field. Verify that they were educated at reputable institutions and their reputation within the community is positive. 3: Research the legal team that assists these attorneys. No successful attorney is without a dynamic legal team. Often, these teams are significant contributors to the success of a case. Do your due diligence and learn as much about the legal team as possible to discover how well your attorney will be supported as they navigate your appeal. 4: Avoid attorneys who guarantee results. No attorney can guarantee a successful trial. Do not enlist the help of a legal professional who is overconfident. Your appeal is one of the most important moments in your life — make sure you have an attorney on your side who regards it with the same importance. Remember to take your time and choose your trial professional carefully. To learn more about the appeals process, and how to find a reliable criminal appeals attorney that Albuquerque residents trust, contact Just Appeals. Original Source: https://appealsjust.blogspot.com/2019/03/considerations-to-make-prior-to.html |
About us
Scott M. Davidson, Ph.D., a graduate of Yale University, and a former appellate judicial law clerk, has 20 years of successful experience litigating appeals. Dr. Davidson has an extensive history of winning criminal and civil appeals in state and federal courts. |