Providing Vigorous Representation on Appeals in South Florida
If you need to appeal a court ruling, or need assistance with appellate practice, look no further. The option to appeal a lower court’s decision is a right that is granted by federal law, but it is also a complicated process that requires careful attention. Appellate courts focus heavily on prior evidence that was admitted in the original trial, as well as review of transcripts and court records. You need a lawyer who understands the intricacies of the process and can present your appeal in the most effective manner. Not all cases can be appealed, so an immediate consultation with a lawyer skilled in appellate law can save you time and legal fees. Kenneth D. Padowitz is an experienced lawyer with the highest possible ratings for legal ability and ethical standards. As such, he is the perfect choice for anyone who needs help with the court of appeals, appellate practice, appellate law, and the requirements for evidence.
The option to appeal a court decision is a Constitutional right for U.S. citizens – this right is part of our government’s system of checks and balances. If a person feels that their trial was handled incorrectly, illegally, or incompetently, they can usually appeal the ruling. Appellate practice covers all aspects of the rules and proceedings of a court appeal. Lawyers with appellate practices are specifically versed in the nuances of appellate law.
Many people think that a court appeal is simply a do-over of the initial trial, but this is incorrect; not all cases are “appealable”. Appellate courts tend to decide legal issues (such as interpretations of laws) but not factual issues (such as trials with clear evidence that supports the original ruling). If the original trial results are supported by “competent substantial evidence” then an appellate court is generally not able to reverse the ruling.
“Competent substantial evidence” must meet several criteria to be considered as such. The evidence has to have quantity – it must clearly exist as more than just a hypothetical or theoretical concept. The evidence also has to have substantial quantity – basically, there must be enough evidence present. This means that there literally must be more than just a spec, iota, or modicum of evidence. The evidence must also be relevant – it must actually prove something that is specifically relevant to the case. This is also called “definite probative value”.
If a case makes it to appellate court, there are firm restrictions on what can be presented. The appellate lawyer must limit the facts and evidence to that which was already presented. Truly new evidence can be presented, but this is limited
to facts/evidence that were completely non-existent at the time of the original trial. It cannot be a current piece of evidence presented in a new, more convincing way. For example, consider a case that was tried decades ago, before DNA evidence was used. If new evidence in the form of DNA is found, it can be presented as grounds for an appeal.
Appellate practice involves the careful review of court records, evidence, and transcripts presented in the original trial. The intricacies of this process require a skilled lawyer with experience in appellate law.