Omaha Criminal Appeals Lawyer
When a trial court makes a decision and the losing party is not satisfied with the outcome, they may elect to appeal the decision to a federal court of appeals in hopes that the decision will be changed in their favor. There are many reasons that people choose to appeal their court case, but essentially an appeal is a formal request for a change in decision on their case.
In civil cases, either the plaintiff or the defendant can appeal the decision, while in criminal or government cases only the defendant has this right. The prior decision maker’s ruling is challenged in an appeal, and the appellant may argue that there was incorrect factual evidence, a misuse of the law, or a number of other challenges that unfairly influenced the ruling of their case in the lower court.
The attorneys of Inkelaar Law represent clients who choose to appeal the prior rulings of their criminal cases, and we understand that fighting criminal charges can be a harrowing experience for the defendants and their families. Our experience in Omaha criminal defense lawyer gives us the knowledge and resources to competently represent you in court.
Reasons for Appealing a Case
The appellant must show the trial court or administrative agency that a legal error negatively affected the outcome of their case in the lower court. When a case is being appealed, the same evidence and information is considered as it was when it was brought the first time, no new witnesses or evidence will be considered.
The following are the most common causes of filing an appeal:
- Decision maker abused their powers
- Decision maker acted outside their jurisdiction
- Evidence that should have been considered was not
- Evidence was admitted that should not have been
- Factual findings were incorrect
- Misapplication of the law
- …and other reasons.
The appeals process can be lengthy and complicated, so seeking a skilled Omaha criminal appeals attorney is key to your case’s success.
How is an Appeal Decided in Omaha
The case is brought before a court of appeals, comprised of a panel of three judges. These judges are presented a brief by the defendant, which is a document meant to persuade the panel that the prior decision maker made an error in the judgment, thus justifying the appeal. The appellee, on the other hand, will try to show why the previous decision should stand; they will either argue that no error was made in the previous case, or that the error would not have significantly affected the outcome of the case.
In addition to the brief there may be cause for an oral argument, which consists of a very structured discussion between panel of judges and the appellant’s legal team on the legal aspects of the case. Each side will be given approximately 15 minutes to argue their side.
After an Appeal
When a decision is made by the appellate court the case will usually end here. The court of appeals may decide to affirm the decision of the original case, reverse it, or remand it, which means it will be reexamined in a lower court once more.
Another scenario is filing a petition for the United States Supreme Court to review the case, also known as a writ of certiorari. If the case is unusual or the decision could have an extreme impact on other cases like it, the Court may decide to hear it. An appeal to the Supreme Court requires both written briefs and oral arguments from both parties involved in the case.
Contact Our Experienced Omaha Criminal Appeals Lawyer
At the Law Office of Thomas T. Inkelaar, our attorneys believe that if you or a family member has been arrested and charged for a crime in Nebraska, or if this individual has found to be subject or targeted for a Nebraska federal criminal investigation, it is imperative to seek an experienced attorney to represent you against these alleged charges or represent you in the event the case needs to be appealed.
With headquarters in Lincoln and Omaha, our attorneys are licensed and able to serve clients throughout the entire state of Nebraska.
A few areas we serve include:
- Grand Island
- Nebraska City
- North Platte
- …and most suburbs throughout the surrounding areas.
To learn more about our criminal defense attorneys, or to schedule your free no-obligation case review, we invite you to contact our law firm at 1-877-537-4665 today. Here a member of our intake staff will collect information about your case and quickly refer you to one of our experienced attorneys ready to handle your specific case.