One?s case is not over simply because they have been convicted at trial. Trials are complicated, and errors occur. Such errors may involve the rules of evidence not being followed, or the judge misapplying the law. In such situations, the defendant may have grounds to challenge their conviction through an appeal. Not all attorneys handle appeals, as they involve complicated areas of law and procedural rules that must be strictly followed. It is, therefore, important that you choose a Roanoke criminal defense lawyer /criminal-defense/ who is able to properly handle your matter.
Attorney Cerid Lugar is licensed both in Virginia and in the Fourth Circuit Court of Appeals. If you wish to challenge a conviction, then you only have a limited amount of time in which you may do so. Contact us today at (540) 384-0348 to schedule a free and confidential consultation of your case.
Appeals are a completely different process from that which takes place in the trial court. They are not a ?do over? of the trial process, and the higher court will not consider facts or evidence unless they were already presented at trial. The role of the appellate court is to review the records of the previous proceedings and determine if mistakes of law were made. These mistakes may include the lower court misinterpreting a statute, the U.S. Constitution, or prior case law. The lower court may also have incorrectly overruled an objection, or it may have erred by allowing certain testimony. If the appellate court finds that such errors occurred, then it may remand the matter for a new trial – or even reverse the conviction outright.
The process of appealing a conviction begins by filing a Notice of Appeal. This document must typically be filed within 30 days of when the conviction was formally entered. If the notice is filed later than 30 days, then you will lose your right to appeal. The next step in the process includes ordering transcripts of relevant proceedings from the court reporter. Once the transcripts have been filed, and the record for appeal has been designated, then you will file your opening brief. The respondent (the opposing side) will file their response. You will file a reply, and the court will issue a ruling at a later date.
How Can an Attorney Help?
Attorney Cerid Lugar is a criminal lawyer who has been practicing law since 2008. She is licensed in the Commonwealth?s state courts, and the Fourth Circuit Court of Appeals. When you retain her as your attorney, she will immediately examine the record to determine possible appellate issues. Such issues may include the denial of a search and seizure motion, the misapplication of existing law, and more. She will quickly file the necessary notices with the court and begin requesting the relevant transcripts. Attorney Lugar will analyze all relevant legal issues while preparing your briefs. She will also take steps to ensure that your rights remain protected. Courts sometimes make mistakes. Such errors are the reason why it is important to retain counsel in these situations.
Contact an Appeals Attorney at Lugar Law PC for Help
If you are appealing a conviction, then it means that the legal process has already not gone well for you. You do not need the added stress of dealing with a lawyer who does not keep you up-to-date as to the status of your case. Attorney Cerid Lugar makes attorney-client communication a top priority. She will copy you on all filed pleadings, and will take steps to ensure that your questions are answered in a timely matter. Lugar Law PC believes that everyone is entitled to effective appellate representation, and we apply this belief to every case we handle.