When a court rules against you, you may feel like the weight of the world has been dropped on your shoulders. The various consequences you face, from fines to potential confinement, can be devastating. It is essential that you know your rights to appeal and initiate the process right away.
On What Possible Grounds Are You Able To You File An Appeal?
There are very specific rules guiding the appeals process and your appeal will never begin automatically; you must initiate it through the Court of Appeal. If you are granted permission for an appeal, you must be prepared to prove that the ruling against you was somehow unsafe, as in the following examples:
1. An error in law was committed by the judge.
2. A particular procedure was not followed.
3. The jury was misdirected during the proceedings.
4. New evidence is currently available that could have affected the jury if they were privileged to it.
There are many determinations to be made during the appeals process that may or may not qualify your case to be heard by an appellate or higher court; thus, it’s imperative that you speak with an appeals barrister to understand how to move forward with your case. You can also ask an appeals barrister to appeal a specific sentence handed down to you as a result of a case, if it was excessive or unjust.
What Can The Appeals Barrister Do On Your Behalf?
The appeals process is not a simple matter and it’s important for a barrister to act on your behalf, in order to pursue justice. The following are but a few examples of how they will go to work for you:
1. Evaluate the feasibility of your particular appeal.
2. Prepare the permission paperwork, including all applications.
3. Coordinate the evidence in your case, including witness statements, if applicable.
4. Represent you in person at every hearing and ensure your adherence to all court procedures.
How Do You Get The Appeals Process Started?
You may contact your solicitor to make arrangements with an appeals barrister or speak directly with them yourself. Thereafter, appeals barristers begin the process of examining the case for qualifications; once it has been determined that an appeal can be argued, your case will move forward in the applicable Court.
Since cases have different time requirements of how long you can wait before you appeal, you’ll want to move quickly in finding the most suitable appeals barrister for your case and individual circumstances.