Using Chicago Criminal Attorneys in the Appeals Process
Many people assume an appeal means a retrial where the decision of the court is reversed. However, this is a common misconception that needs to be addressed before the appeals process can be explained. In an appeal, your attorney files a brief asserting a legal error believed to have been made by the district court. For an appeal to be successful, you must hire an experienced criminal attorney in Chicago like Robert Loeb.
The appeals process in Chicago
The majority of appellate cases across the country are resolved without the need for any oral argument. In fact, 74 percent of appellate cases in America in 2007 were resolved without oral argument according to statistics of the U.S. Courts. However, every case is different and you must hire a knowledgeable and reputable team of criminal attorneys in Chicago to represent you.
Here is some insight into the steps in the appeals process:
- Brief: Your lawyer files an opening brief with the court. The brief sets forth the facts of your case and points out the alleged legal errors made by the district court. All arguments within the brief must be backed up by citations to the record from the original case and citations to case law and statutes that support your argument. As a result, it is imperative that you hire an experienced Chicago criminal attorney.
- Responsive brief: After your brief has been filed, the responding party files its own brief in response to the arguments and points made in your opening brief.
- Oral arguments: While most appellate cases are resolved without oral argument, it may in your best interests for your attorney to argue your case before a panel of judges. Skilled Chicago criminal attorneys understand that an oral argument is one more opportunity to reverse a conviction.
- Winning an appeal: Winning an appeal does not necessarily mean your conviction is reversed and you are acquitted of all charges. In many cases, winning an appeal results in a new trial for the defendant.
Being charged with a criminal act can be devastating for you and your family. However, with the right attorney by your side, you may be able to fight the charges and move on with your life. To arrange a consultation with Robert Loeb, call 312-368-0611 or use our online quick contact email.