How Do I Appeal?
Whether you just went through a criminal trial or your divorce went to trial, you may not be happy with the result. Even though the trial is over, you still have options. If you want to, you can appeal with the help of a lawyer. An appeal, however, is not a retrial. During the appeals process, a higher court will review the lower court’s decision and look for errors in the process. An appeal can reverse the lower court’s decision, or in criminal cases, can reduce the sentence that’s been handed down. At Marinaro Law in Pennsylvania, we understand that courts don’t always get things right the first time. We’re prepared to stand by your side through trial and appeal until we achieve the best possible result.
Because an appeal is not a new trial, new evidence is not allowed. Instead, the higher court will review the findings of the lower court, looking to the official court record for the errors pointed out in a defendant’s appellate brief. If you decide to appeal a case, the burden of proof is now on you, instead of the original prosecutor from the trial, to show that the lower court made an error with their original verdict. If you win your appeal, the higher court could reverse the lower court’s decision or reduce your sentence, depending on the aim of the brief.
Family Law Appeals
If you don’t believe the outcome of your divorce is fair, you can also appeal to a court after the original settlement has been finalized. In certain cases, new information that comes to light after a divorce can be used when you’re seeking to modify your original orders. For example, if your former spouse has full custody of your children and you discover that he or she is now drinking a lot, you can appeal to modify the original child support orders using this new information. Similarly, if you have a significant financial setback, you can petition to have your existing child support or spousal support orders modified.
Don’t Accept The Unacceptable As The Last Word. Call Today.
A judge’s verdict need not be the end of the road for your claim. You have the right to appeal; we can help you make that appeal as strong as possible. Schedule an appointment with a family law attorney at our Lancaster office to discuss your situation. Call 717-406-1794 or 866-614-6520 toll free, or email us here.