The appeals system exists to offer an alternative to defendants who have lost their cases in trial court decisions. If you were convicted of a crime due to a mistake or error made by the court during your trial that affected the ruling of the case, do not lose hope. You are entitled to pursue an appeal to have the decision evaluated and potentially overturned by a higher court. With legal representation from an experienced Kentucky state appeals attorney, you can navigate the tricky appeals process with confidence and peace of mind.
I am Patrick McNally, founding partner of McNally Law, and I can advocate for your freedom and guide your case to a positive resolution. I have over 35 years of experience handling appeals cases throughout the state of Kentucky and can help you fight against a charge, even after a conviction. I have successfully appealed cases all the way up to the United States Supreme Court and can serve as a formidable advocate for you.
Although they are both experts in the law, a Kentucky state appeals attorney takes a different approach to practicing law than a general litigator. Instead of working to establish a convincing case grounded in evidence, appellate attorneys focus on evaluating the legal process and considering specific legal principles that apply to the case. An appellate attorney utilizes extensive knowledge of court proceedings and legalities to identify issues that unfairly affected the ruling of the case and help clients achieve a more favorable outcome.
An appeals attorney will comprehensively investigate the prior trial and all the relevant information presented during that trial. The process can uncover legal mistakes or errors made by the court, objectively determine which issues are most likely to succeed in an appeal, and prepare an appropriate notice of appeal based on this evidence. Then, appeals lawyers use a combination of legal expertise and litigation skills to develop a compelling legal strategy that logically proves these mistakes had a significant impact on the ruling. By conducting thorough research, preparing necessary documentation, and offering convincing oral arguments, Kentucky state appeals attorneys can effectively persuade the appellate court to overturn the previous decision, reduce the sentence, or dismiss the charge completely.
Some of the most common circumstances that may lead to a successful appeal include:
Because an appeal is not a new trial, but a careful examination of the rulings made in a previous trial, the court does not hear new evidence, call new witnesses, or involve a jury. Instead, the court focuses on evaluating the information used in the previous trial to identify errors that affected the ruling. If the court approves that an appeal may take place, it may order that another trial must occur to make a new ruling on the case. Alternatively, the courts may decide to immediately change the sentence or reverse the conviction altogether.
Providing an accurate estimate of successful appeals is difficult, but many experts state that approximately one in ten appeals result in an outcome in favor of the appealing party. However, the majority of failed appeals occur because they did not qualify for approval, meaning the case does not feature viable evidence that errors occurred during the trial litigation process.
While this figure can seem discouraging, rest assured that if errors occurred during litigation, an experienced Kentucky state appeals attorney has the knowledge, resources, and skill to find the error and present it to the court on your behalf with a convincing oral argument. If you are facing significant penalties from a conviction and have valid evidence for your appeal, you have a good chance of achieving a successful outcome in your case with help from an appellate attorney.
The cost of hiring an appellate attorney depends on the complexity of the case, the number of issues it encompasses, the details of previous litigation proceedings, and the specific attorney’s rate. Simple cases with a limited number of issues typically cost less than $10,000, while more complex cases can involve fees of $15,000 to $30,000. In addition to attorney’s fees, you are also responsible for all costs associated with the appeal, including fees for filing the appeal, preparing the record, and transcription services.
To estimate the cost of your appeal, your Kentucky state appeals attorney will need specific information regarding prior trial-level litigation, such as the length of time the case was in court, the number of parties it involved, whether motions for dismissal or summary judgement were filed, and the total length of the trial. They will also want to review the court docket and the rulings you wish to appeal and may inquire about what errors you believe occurred during prior litigation.
If you believe your case came to a wrongful conclusion due to errors made by the court, contact McNally Law today to learn how we can help you with an appeal. As an expert Kentucky state appeals attorney with over three decades of experience, I have the knowledge, resources, and litigation skills to deliver the best results for you. I am dedicated to meticulously researching your case and creating the most effective strategy to protect your rights, secure your interests, and preserve your freedom.
Whether you are facing a trial and worried about the outcome or have already lost your case, I can offer valuable legal advice and help you effectively navigate the complex appeals process. To schedule a consultation, submit the form on my website and I will be in touch shortly to discuss your case.