Carroll County Appeals Lawyer
If you have received an unfavorable ruling in a Carroll County District Court trial, you do not need to accept the result. The laws allow parties to file an appeal in most cases through the court of special appeals. In an appeal, you ask a higher court to reconsider a lower court’s decision. However, action must be taken quickly to preserve the right to an appeal.
Legal cases are handled quite differently on appeal than they are at the trial level. For that reason, it is a good idea to work with an experienced Carroll County appeals lawyer when appealing a ruling. A criminal lawyer familiar with the process of appellate litigation could fight to secure the desired outcome in a case.
Differences at the Appellate Level
One reason that cases on appeal differ so much from trial cases is that an appeal focuses on the application of the law rather than a determination of the facts. During a trial, both sides of a case introduce evidence to prove that circumstances occurred in a particular way. The judge or jury determine what they believe to be the truth in a situation.
When a case is appealed, that finding of truth is usually not up for question. Unless the trial court committed an unusual error, a court of appeals will accept the facts as settled and instead consider whether the trial court judge correctly applied the law to those facts.
Because of this focus, parties will not submit additional evidence, and an appeals attorney Carroll County will argue most of the case in writing. Success in a court of appeals requires a different set of skills than those that serve to make a case at the trial court level.
The attorney must understand how to present persuasive arguments through legal briefs. If the written arguments fail to impress the court, there may be no chance to introduce oral arguments.
De Novo Appeals
The exception to this description of appeals involves a “de novo” appeal. If a case was initially tried in Carroll County District Court rather than Carroll County Circuit Court, a party may appeal to the court of special. In this type of appeal, the case is heard from scratch rather than reviewed based on the evidence presented in the lower court.
Sometimes, a de novo appeal does not work to the advantage of the person seeking the appeal, so it is wise to consult a knowledgeable lawyer to learn the options available and to evaluate the advantages and disadvantages of each. In addition, a de novo appeal must be sought within 30 days or the opportunity will no longer be available.
State Appellate Courts
Besides the district and circuit courts, there are two more levels of courts in the state. The Maryland Court of Appeals is the state’s highest court and only agrees to hear cases the Court considers to be of sufficient legal importance.
The Court of Special Appeals is the intermediate appellate court located in Anne Arundel. Although this court has 15 judges, in most cases, only three judges will hear a particular case. A skilled attorney in the area could walk you through this appeals process.
Talk to a Carroll County Appeals Attorney Today
A Carroll County appeals lawyer has a very special job. Your appeals attorney must explain to the appellate judges why the trial judge ruled incorrectly based on the evidence presented.
A successful appeal can completely change the outcome of a case. However, it takes knowledge, planning, experience, and preparation to present a successful appeal. To speak to a dedicated appeals lawyer to learn how an experienced appellate attorney could make a difference in your case, call now for a consultation.