While the legal system exists to help individuals and businesses resolve disputes, and determine guilt or
liability, it is not a perfect system. Mistakes can be made, and Judges, prosecutors, and lawyers, though
they always intend to get to the right resolution, may make errors, misapply the law, or otherwise
violate your rights.
After the conclusion of your case, you may have the ability to appeal. A legal basis is required to file an
appeal, and the process is both complex and time consuming. There are many important deadlines to
meet for an appeal, including limited timeframes in which you can file for the appeal itself. As the
process is complicated and highly time sensitive, if you are interested in pursuing an appeal, you should
speak with an attorney immediately.
Generally speaking, the appeals process involves, shortly after the conclusion of your case, the filing of a
notice of appeal with the court overseeing the case. An appeals case must also be opened with either
the District Court, Appeals Court, or Supreme Court, depending on your kind of case, and the legal issues
presented. After the case is initiated, a record is prepared, which typically will include transcripts of all
or most of the proceedings on the matter. From there, the attorney carefully reviews the record for any
and all errors, and will create an opening brief on the appeal. The opposing party (typically though not
always the state) will have an opportunity to respond, and you may have an opportunity to then file
what is known as a “reply” brief.
The Court overseeing the appeal may, but does not need to, request or agree that an oral argument be
held on the case. The Court may also simply review the materials, and generate an opinion of their own
about the case, and what to do about what has occurred, if anything at all.