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:
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.
An appeal may be granted if a judge in an initial trial improperly allowed or excluded evidence that is prejudicial against the defendant.
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:
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
If you’re considering appealing your case to the Federal Court of Appeal Albuquerque, you need an experienced appellate attorney on your side. Dr. Scott M. Davidson of Just Appeals has the knowledge and experience in appellate court cases that have made Just Appeals the firm best suited to guide your case through the Federal Court of Appeal proceedings in Albuquerque.
U.S. Court of Appeals Facts You Should Know
Just because you have been assigned a conviction does not mean that there is no other legal recourse you can take. In some instances, errors made in your trial may make your case eligible to be appealed to a higher court. Albuquerque residents may present their cases to the District of New Mexico which is in the Tenth Federal Circuit. However, not all cases are eligible for appeal nor are their appeals successful.
Either party in a civil case may appeal the trial’s verdict but only the defendant may appeal a guilty verdict in a criminal case. Of the thousands of court cases that seek appeal each year, only a small percentage of these cases result in a successful reversal of the lower court’s verdict. Unfortunately, many cases are unsuccessful.
Why You Need Just Appeals to Guide You Through the Appeals Process
Because so many cases attempting an appeal are either not heard by the appellate court or do not succeed in getting their verdicts overturned, you need a reliable appeals attorney to advocate for your case and guide you through this process. If you want to take your case to the Federal Court of Appeals in Albuquerque, you should enlist the help of Just Appeals.
For decades, Dr. Scott M. Davidson has had experience in appellate litigation on state and federal levels. He’s represented clients from around the world and has been part of ground-breaking decisions in appellate court proceedings. His knowledge earned at Yale University and the University of New Mexico School of Law, coupled with his years of experience arguing dozens of appellate civil and criminal cases, has made Just Appeals the best-suited firm to guide you through the Federal Court of Appeal Albuquerque proceedings. Contact Just Appeals today for more information.
Original Source: https://appealsjust.blogspot.com/2019/01/why-just-appeals-is-best-suited-for.html
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.