If you were convicted of a crime after a jury trial, or have lost a civil case before a judge or jury, your case might not be over — you may still have the option of filing an appeal. While an appeal isn’t a new trial, it is an opportunity to raise mistakes of law or errors that may have occurred at the trial level and affected the outcome. An appeal can result in the trial court’s decision being reversed, vacated, or remanded for a new trial. However, it’s crucial to be aware that appeals are complex and require the skill, knowledge, and acumen of an experienced appeals attorney.

Here are four reasons why you should hire an appeals attorney for your criminal conviction:

1. An Appeals Attorney Will Have Knowledge Regarding Appellate Procedures

One of the most important reasons to hire an appeals attorney is because they will have the knowledge necessary to go through the appellate process. There are very specific procedures when it comes to filing an appeal that must be followed. Failure to do so can be detrimental to your case.

First, a notice of appeal must be filed and served on the other side within a specific time frame. Once this step has been completed, there are stringent deadlines for ordering the transcript of the lower court’s proceedings and serving the record on appeal. Once the record has been compiled, the appeals attorney must write a brief and file it with the court. The adversary only has 30 days to respond. While the process associated with filing an appeal can be overwhelming, by working with a skillful appeals attorney, the burden is taken off your shoulders.

2. Preparing an Appeal Requires Different Skills Than Trial Work

An appeal is not prepared in the same way a case is prepared for trial. It does not involve cross-examining witnesses, presenting evidence to a jury, or assembling a case from start to finish. Rather, the appellate court will not hear new evidence or listen to the testimony of new witnesses — it reviews the proceedings that took place in the lower court to determine whether the law was correctly applied.

Appellate work requires a very different skill set than trial work, which is why it’s vital to hire an appeals attorney who focuses specifically in this area. Although a trial lawyer’s job is to persuade a jury of your peers, an appellate attorney must be able to present a nuanced legal argument to the appellate court. An appeals attorney will know the procedures, deadlines, and rules associated with the appellate court. They will also have an understanding regarding what it takes to write a compelling brief and how to present a successful oral argument to the appellate panel.

3. An Appeals Attorney Will Know What Issues Are Appealable

In the event you did not prevail at the trial level, you can’t appeal simply because you are unhappy with the outcome or your attorney. It’s essential to understand that only legal errors prejudicial to a defendant are appealable. Some common errors of law that can be appealed may include the following:

• Pre-trial issues that were decided incorrectly
• In criminal cases, plain errors that are so obvious they support an appeal
• In rare cases, ineffective assistance of trial counsel in a criminal matter
• Legally insufficient evidence
• Improper exclusion or admission of evidence
• Incorrect jury instructions

Understanding what issues can be appealed requires deep knowledge of the appellate process. An appeals attorney will know how to identify the appealable issues in your case and diligently research them. They will also have the insight necessary to effectively argue the issues in both the written brief and before the panel of appellate judges if an oral argument is requested.

4. An Appeals Attorney Knows How Appellate Judges Will View a Case

Appellate judges do not want to hear a defendant reargue their entire case. The appellate panel will only review narrow issues to determine whether a mistake of law was made at the trial level. Critically, an appeals attorney has a limited number of pages to present their argument in a written brief — and only a certain amount of time (typically, 30 minutes in total for each side) to present their oral argument. This is why it’s critical to work with counsel who knows precisely what the appellate judges are looking for and how to present the argument concisely.

Since an experienced appeals attorney will know how the appellate judges will view a case, they will understand how to prepare the argument from their perspective. In addition to knowing what to include in the written brief, an appeals attorney will be able to anticipate the questions the appellate panel will ask them during oral argument and how to respond.

Contact an Experienced North Carolina Appeals Attorney

If you are eligible to file an appeal in your criminal case based on the results of your trial, a diligent appeals attorney can help ensure you achieve the best possible outcome. Reece & Reece appellate attorney Mary McCullers Reece has successfully handled hundreds of appeals in North Carolina, including a wide variety of appeals from criminal convictions. Call (919) 300-1249 to schedule a consultation and case evaluation.