Bridgeport Appeals Lawyer
While losing a case in a lower court is frustrating, there are options, including appealing the decision to a higher court. You can use the same qualified criminal lawyer or a different law firm to help you. If you need to appeal a court’s decision, contact a Bridgeport appeals lawyer. En Español.
Connecticut Appellate Process
There are many ways to appeal a criminal decision. Bridgeport appeals lawyers see the following reasons the most:
- Discovery of new evidence
- False arrest
- Improper admission of evidence
- Improper exclusion of evidence
- Incorrect jury instructions
- Ineffective assistance of counsel
- Juror misconduct
- Lack of sufficient evidence
- Prosecutorial misconduct
- Sentencing errors
Connecticut generally allows someone to appeal their case up to the three times. The first appeal is heard by an appellate court, the second by the Connecticut Supreme Court, and the third and final appeal to the United States Supreme Court (which is the highest court in the nation).
Preparing an Appeals Application
The appeal process can begin once a verdict and sentence are reached by the judge. However, according to the Handbook of Connecticut Appellate Procedure, most appeals must be filed within 20 days of the date that notice of the judgment or decision was issued by the trial judge or clerk.
Once filed, the sentence in the underlying case is tolled or stayed until the appeal is either granted or denied. Any penalties or sentences are put on hold during that time. Defendants may, or may not, have to remain in prison during time depending on the severity of the charges and whether the judge grants bail. To learn more about this process, individuals should speak with a Bridgeport appeals lawyer.
Is there a Different Process for Low Court Decisions?
Appealing a lower court decision does not result in a re-trial and no new evidence can be introduced. The process involves filing a brief with the appellate court describing why the party believes the lower court’s decision was wrong. The opposing party can challenge those claims in a subsequent brief, and the appealing party can respond in turn if desired. It is possible to request an oral argument in front of the appellate court however, it is not required.
Timeline of an Appeal Case
Depending on the facts and circumstances surrounding the case and the appeal and the court’s own time constraints and availability, appeals can take months or years to be heard. It is important to understand that many people appeal decisions from Connecticut trial courts, so appellate court dockets are often busy.
The most important part of an appeal is hiring the right attorney. While that can be the same attorney who argued the underlying case, it can also be someone else entirely. Anyone seeking to appeal a case should make certain that the attorney they hire has appellate experience and a deep understanding of the issues.
If you are seeking to appeal a lower court’s decision, find out how an experienced Bridgeport appeals lawyer can help you. The appellate process is very different than the trial process. Attorneys understand how frustrating it can be to lose a case – especially due to a technicality.