Losing your case after a trial doesn’t necessarily mean your case is over forever. In some cases, you can still win your case or at least change the outcome by winning an appeal. While it can be a difficult process, an experienced appellate lawyer can still change your outcome with diligent, careful work.
Appellate Attorney James V. Barilla has handled approximately 50 appeals in the last 25 years. He has a passion for helping his clients and the skills to go through a court record and find the possible grounds for appeal. He helps clients with both civil and criminal cases, and understands the procedures for both.
An appeal is simply a petition to a higher court where the losing party asks for the lower court’s decision to be changed. The appeal must be based on a technicality, such as a rule of law, as the higher court does not listen to the trial again and make a decision based on the circumstances.
You can only file an appeal after the final judgment has been made in the lower court, and there are time limits as to when you are allowed to file your appeal. The only way the evidence will be heard again is if you win a new trial through the appeals process. You don’t have a right to appeal, but if you decide you want to, you should talk to an attorney immediately so you can file notice within 30 days of the trial that you intend to do so.
Post-Conviction Petitions and Habeas Corpus
You may also be able to challenge your conviction or sentence with a post-conviction motion, after you have been convicted and sentenced, or even after you have lost a direct appeal. There are a wide variety of options with a post-conviction motion, and your attorney will essentially file the motion and then the State will get a chance to respond. There is another option called a Writ of Habeas Corpus which can be filed by someone in custody who has not been given a hearing.
Even if the Court doesn’t set aside your sentence, you may be eligible for other appropriate relief, like a sentence reduction. Lorain County Appellate Attorney James V. Barilla can talk to you about your options.
If you believe that you have grounds for relief from a court judgment, you need to act quickly. Call the Law Office of James V. Barilla today for a free consultation.