Category Archives: Appeal

Federal Appeals Can Help Correct Any Initial Problems with a Case

nlpa blog 8 4-07-15During a case, evidence is presented and judges or juries base their rulings on the information that is given to them. This doesn’t mean that the information given is always completely accurate. Mistakes can be made which might lead to problems in the eventual sentence that is given. Since courts make mistakes, there is an appeal system to right these wrongs.

When people feel that something has gone wrong with their initial case to make their sentence unfair they turn to federal appeals court to be given a chance at resentencing. In a case worked on by the NLPA, erroneous drug amounts were brought to light. This resulted in a sentence being set aside and eventually reduced by five years because of this change.

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A Written Opening Brief Can Get You the Appeal You Need

nlpa blog 5 4-07-15After being sentenced for a crime, you might feel that the sentence that you have been given is unfair. There are many reasons that the sentence might actually be the wrong one for whatever crime you did. This is because specific crimes are given different sentences based at least partially on the opinion of a judge and different judges might see the same crime differently.

In order to have this sentence reduced, you have to make an appeal and appear in an appellate court. Before this can even happen, you will need a written opening brief which explains in a professional manner why you want an appeal and what you hope to present at this appeal. Having an experienced professional prepare this brief is much better than doing it yourself.

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Federal Appeals Take Place in One of Nine Federal Courts of Appeal

nlpa blog 5 3-09-15If you are appealing a federal crime that you have been convicted of, the appeal might take place a bit further from where you call home than it would if you were charged with a lesser crime. This is because these appeals take place in very special courts that are spread out around the United States. There are some spaces that might be far away from one of these courts.

Originally these nine courts, spread out across the United States were built to make it easier for the Supreme Court to get through all of the cases that were being sent to them. Federal appeals all go through these courts before they can be sent to the Supreme Court. Both defendants and prosecutors can file for an appeal if they are unhappy with the results of a case.

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A Written Opening Brief is Very Important for Having Your Appeal Heard

nlpa blog 11 2-05-15When your loved one is in jail, it can be very difficult to be able to get the time to go and see them or to have a relationship with them. A long sentence stretching into the foreseeable future can feel a bit like a sentence for both of you. This can be especially difficult if you feel that the punishment is unfair based on the crime or that the person was wrongly convicted.

Luckily, there is an appeals process that ever single convict can go through to try and obtain a lesser sentence or even have a conviction overturned. This process is started by a compelling written opening brief that a lawyer submits to court. This brief should cover the information of the case and why an appeal is necessary by presenting problems of the initial case.

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Criminal Appeals are a Last Chance to Turn Over a Conviction

nlpa blog 4 2-05-15At the end of a court case, a decision on whether someone is guilty or innocent is made. If a court decides that the defendant is guilty, it proceeds to look at different details of the case to determine the punishment for the crime which may include fines or jail time. When this process is over, the person must begin to serve out their punishment.

Even while someone is in jail, they have a last chance to have their conviction overturned so that they can return to the life that the led before. Criminal appeals court will grant each convicted person at least one appeal on their case and usually no more than one. It is important that these people prepare for these appeals well since they might not get another chance.

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Make the Most Out of Your Time with a Federal Appeals Court

nlpa blog 3 1-07-15In the United States, there is a policy of a person being innocent until they are proven guilty. Even after guilt has been proven in the court of law, a person is guaranteed a second chance at being judged innocent. This is to ensure that if someone is unfairly sentenced because of trouble with a lawyer or problems with a judge or jury, they will have a second chance.

During an appeal, a person has a chance to use a different lawyer, present new evidence, or ask for old evidence to be removed from the case. In order to get the most out of your time in front of a federal appeals court, it is a good idea to have professionals prepare your new defense and explain why there should be a change in your sentence. This will make it more likely that your appeal is successful.

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If You Are Not a Writer Make Sure Someone Else Does Your Brief Writing for You

nlpa blog 1-07-15When it comes to writing, it is inevitable that some people are very good at it and others are not. This is unfortunate for those who do not write as well since many things can be based on writing that is done properly and with a high level of intelligence. For example, it is incredibly important that you are have a good written brief when you are trying to seek an appeal.

If you are not good at writing or feel completely clueless about how a legal brief should be written, it is a good idea to have these briefs written by a professional. People who are in the business of brief writing know exactly how to write a brief so that it is what the court is looking to see. This is even more important if you are seeking a high level appeal since these are more easily denied.

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Look to Professionals to Get the Best Legal Advice

nlpa blog 4 1-07-15If you find yourself facing a trial for a crime, it may be tempting to just plead guilty or to represent yourself rather than trying to seek out a lawyer who can help you. Lawyers may be very expensive, but it is important that you have someone like this with you in the courtroom. It is a very bad idea to go into any legal proceeding without having a lawyer helping you.

While other people may give you advice on your legal matters, the only people who can give you real legal advice are lawyers who are trained to do so. These people have a lot more experience and knowledge in the area of law so they are more qualified to give advice than anyone else. With the help of a real lawyer, you will likely do better in court.

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Getting Help for Criminal Appeals Can Help Save You from Being Convicted Wrongly

nlpa blog 2 12-08-14As with most legal systems, our legal system in the United States is not infallible. This means that sometimes there are people who are convicted of a crime based on evidence who still were not the person who actually committed a crime. This is part of the reason that the United States has a system of appeals that makes it so people can get a second chance.

People who believe that they are being convicted wrongly can make an appeal on the decision that was made. During the criminal appeals process a person can present flaws in the evidence that was presented or the way that an original trial was held to make it so that the decision might be changed. Getting help with this process is critical to making sure you get the most out of an appeal.

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A Written Opening Brief is an Important Step in an Appeal

nlpa blog 1 12-08-14When someone believes that they have been convicted of a crime unjustly or that the punishment is harsher than it should be, they have the ability to appeal this to a second court. This second court will look at the facts of the case to determine whether the decision of the first court was correct or if the decision should be overturned. This is a complicated process.

The appeal process all starts with hiring some kind of legal party to defend you in this case. They can prepare a written opening brief that is meant to present an argument for why the court should overturn a court decision. This brief is even more important for cases that are being submitted to the Supreme Court because this court is selective on the cases they take.

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