If you are looking for a few quick facts on appellate practice, this is the page to view! Below are the ten most basic facts about the appellate practice and what you need to know if you are planning to appeal your case. For more detailed information, please check out the other pages in this section, or contact one of our lawyers at 203-925-9201.
You can appeal a finding in your case up to three times. First, you appeal to the appellate court. If this does not work, you can then appeal to the Connecticut Supreme Court. If your appeal is still denied, you can take it to the U.S. Supreme Court.
Once a judge opposes a sentence, you can begin the appeals process, and the appeal should be filed within 20 days after a judge’s ruling. An appeal may not be filed until a verdict and sentence are reached by a judge.
If an appeal is filed, the sentence in the original case will not take effect unless the appeal is not granted in court. This means that you will not have to serve any prison time, pay fines, or deal with any other penalties of the crime you have been convicted of until your appeal is denied.
Because a lot of people file appeals, you might have to wait several months or even a year to have your appeal heard. This is normal and you should not be worried about waiting a long period of time. While waiting can be difficult, this gives you more time to prepare for your appeal.
The appeal itself consists of briefs filed to explain where a judge erred in your case and reply briefs filed by the other party opposing your claims. You and your lawyer will be responsible for creating a brief detailing the errors in your case. The opposing party will then file a reply brief challenging your claims. You have the opportunity to reply to these challenges, but you do not have to.
You can have an oral argument during your appeal and make your claims in court. Also, you may explain the arguments that you have outlined in your briefs during an oral argument; however, you can decline the oral argument if you want to. Your lawyer can help you decide if you should make an oral argument or not.
If you want to hire a lawyer, you should hire an appeals lawyer. An appeals lawyer will have the knowledge and experience to represent you well in an appellate court.
An appeal is not a trial. You will not enter new evidence in court. Instead, you will discuss the flaws in your original trial. This is why hiring a trial lawyer is not necessary for an appeal.
You must supply the opposing party or parties in your case with all records, transcripts, and briefs. This gives the other party the opportunity to build its case.
You may reply to arguments made in the other party’s reply brief, although this is not a requirement.