State And Federal Appeals

Appellate courts are different. When a litigant is disappointed by an outcome at a trial court, many people believe they can always appeal. In one sense, this is true, anyone can file an appeal. However, to be successful at the appellate level demands much more than simply filing some documents and paying a court's filing fee.

To win an appellate case, you need to demonstrate to the court of appeals that there was some mistake of law, fact or procedure at the trial level that affected the outcome. Judges, like everyone else, are human and do make mistakes, but demonstrating that error to a court of appeals is often a very complex enterprise.

More Than 40 Years Of Working On Complex Appellate Matters

Our attorney at Edwards Law Firm, is well-equipped to assist with your appeals, as he has broad experience at all levels of state and federal appeals, including much experience handling appeals in the Virginia Court of Appeals, the Virginia Supreme Court and in the U.S. Court of Appeals for the Fourth Circuit.

Appellate law is complex, involving case law, statutes, court rules and how judges operate. Crafting appellate briefs, motions and arguing appellate cases demands a great deal of research into the underlying trial case, including a review of the trial transcript, identification of errors, and significant case law research that explains the law as it has been applied in similar cases. Your attorney also needs to understand the differences in procedure between state court and federal court.

Evidence And Standards Of Review

Because a court of appeals takes no new evidence or witnesses, it is essential that your appellate attorney fully understands every aspect of the trial court proceedings, and be able to develop a compelling set of arguments from the trial record. Additionally, different cases can be subject to different standards of review by the appellate court. Our attorney has decades of experience working with complex cases and making these types of arguments to appellate courts.

Our lawyer is also experienced in arguing appellate cases to judges of courts of appeal and knows how to make his clients points clearly, and to respond to the often pointed questions of the judges. An appeal is a significant undertaking, adding expense on to the cost of the original trial. You want an attorney who has a track record of success in these courts and who can help you determine if you have potentially valid grounds for appeal.

Contact Our Firm

Appeals often face short deadlines, so delay can cost you your case. Contact our attorney in Roanoke today for help with your estate planning, commercial litigation, personal injury, criminal or appellate matter. Call our office at 540-985-8625 or use our convenient online contact form.