When the System Fails the First Time – A Look at Appeals

by | Jun 5, 2017 | Lawyers

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Generally speaking, American citizens have faith in their legal system. The expectation of law proceedings is that the right decision will be made, and justice will be served. However, judges, jurors and every member of the judiciary system share a common flaw: they are all human. For this reason, courtroom results aren’t always ideal, especially the first time around.

This is why many citizens facing what they feel are unfair legal circumstances choose to consult an appeals lawyer.

What is an Appeal?

Whenever a legal party encounters what they believe to be an unfair court ruling, they can work with a lawyer through the appellate court to reverse or overturn that ruling. These decisions are based on examination of the original courtroom transcript along with arguments put forward by the appealing party’s legal counsel. Should it be determined that the first ruling is incorrect, sentences can be changed, reduced or discarded entirely.

The Right Decision as the Ultimate Goal

Lawyers who work with citizens battling what they believe to be unfair rulings must be knowledgeable of every aspect of the legal process.it can be very difficult to even have an appeal heard, much less to win one. This is because judges are busy professionals, who do not enjoy having to reexamine their decisions on the basis that their original ruling was incorrect or invalid. Courts typically examine motions for reconsideration very carefully with an eye toward scrutinizing any aspect that might allow for dismissal on technical grounds.

The appeals lawyer must understand and be prepared for this situation, and labor to create a motion that will be less likely to be dismissed. Arguing their client’s case effectively must come from a strong, believable conviction that the motion they are putting forward is in the best interest of justice, rather than simply the client’s or lawyer’s own interests. In convincing a court as well as utilizing knowledge and experience to make points effectively, lawyers can help their defendants pursue freedom and ultimately help the American legal system work toward justice for all.

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