The Appeals Process: Can I Appeal My Case?
According to the United States Court, an appeal is when the “losing party” asks a higher court circuit to review their case and reconsider the results. But this process can be lengthy, expensive, and very tedious for everyone involved — it’s not meant to serve as a second chance to present new evidence.
If you identify as the “losing party” who is interested in an appeal and you’d like to learn more, we’ll explore the cases that qualify for an appeal, the attorney’s impact on the case, and the likelihood that your case will be overturned.
What Are The Different Types Of Appeals?
Before you start thinking about appealing a court ruling, you need to decide if your type of case is eligible for an appeal:
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Bankruptcy – Highly specific to individual cases, so it is strongly recommended to consult with an attorney for help during the appeal process
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Civil – Either party can appeal. Most commonly seen in family law, personal injury, and other civil disputes.
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Criminal – If guilty, the defendant can appeal. Once the guilty verdict and sentencing is rendered, the state/government body and/or defendant can appeal the sentence. If not guilty, the government cannot appeal to change the ruling.
The appeals process is not one to be taken lightly. If you’ve put forth this much time and effort towards clearing your name, you would be doing yourself a disservice by not employing a lawyer to help you appeal.
How Can Having A Lawyer Impact The Appeals Process?
Let’s cut to the chase — having a lawyer assisting you during the appeals process will absolutely affect your chances of winning.
Picture the world’s perfect assistant: someone who knows how you like your coffee and has it ready before you even know you need a caffeine break. Having a lawyer during the appeals process is similar. No, your attorneys certainly aren’t assistants waiting nearby with java, but they anticipate what you need for your appeals case before you even know it.
The Court of Appeals follows a strict timeline depending upon the type of case and the initial ruling. Miss the window of opportunity and you’re stuck with the first judgment, without a chance for review. That is not something to take lightly, and with a lawyer, you can ensure you make a strong argument for reversal.
Should I Appeal My Ruling?
If you’re wondering if your case is a good candidate for the Arkansas Court of Appeals, take a look at our previous blog “To Appeal Or Not To Appeal: Key Considerations Before Filing An Appeal” by attorney Brad Hull. Realistically, the Court of Appeals will likely maintain the original court ruling. Of course there are exceptions to this rule, but a successful appeal is rare.
Looking at 2010 data on criminal appeals, only 20.5% of cases were reviewed by the appeal court. Of that, only a mere 6.7% had their court ruling reversed. Everyone else was denied case review or had their court judgment upheld. So a successful appeal is not impossible, but it requires precision and legal knowledge to secure a win.
Still feeling uncertain about appealing? Give the partners at Hickey & Hull a call at (479) 434-2414. With five offices located across Arkansas, our attorneys are happy to assist residents with their appeals process. Schedule a consultation with us today!