Appellate Attorney in California

Appellate Attorney in California | BNCL Law Firm

Going to trial is always a stressful experience. Losing your legal case is devastating. Once a final decision is issued against you in court, you may think the situation is hopeless. Fortunately, it is not. On both the federal and state levels, you may have the right to file an appeal and get the original decision overturned. Appealing any legal case is never easy and the process is fraught with challenges. Our California appellate lawyers at Burris, Nisenbaum, Curry & Lacy can help you through the process and give you the best chance of a successful outcome.

Appellate Attorney in California

Civil Appeals

When most people think of a legal appeal, they often think of those that are heard in the criminal appellate courts. Just as criminal cases can be appealed, so too can civil cases. During a legal appeal, you submit briefs to an appellate court to determine if the final decision made by the lower court can be reversed.

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Federal Appeals

Losing a case in federal court can have an extremely negative impact on the rest of your life. You may be facing long sentences in federal prison, high fines, and even damage to your reputation. Fortunately, the final decision made in federal criminal cases can be overturned in some cases. To overturn a decision made in federal court, you must show certain aspects of your case and comply with many procedural rules. At Burris, Nisenbaum, Curry & Lacy, our California federal appeals lawyers can advise you of the process and give you the best chance of success with your case.

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An unfavorable outcome is not enough on its own to appeal a case. For an appeal to be an option, you must show that there was a legal mistake made in the trial court. For example, if the judge misinterpreted the law and that resulted in a ruling against you, that could be a reason for an appeal. Once you file your appeal and the appellate court has made its decision, they may overturn the decision of the trial court or send it to the lower court to correct the mistake. They may also decide against you and determine that no error was made.

Appealing the final decision in your case does give you a second chance. However, it is important to know that the appeals process is very different from a trial. During the trial, your attorney argued your case orally to either a judge or jury and presented evidence to support the arguments made. During an appeal, your lawyer will argue your case through written briefs. A panel of judges will review the briefs before making a decision. Unlike during a trial, new evidence is not presented during an appeal.

Due to the many differences between the trials and appeals processes, it is critical to work with a California appellate lawyer who has the necessary experience with these types of cases. Our seasoned attorneys at Burris, Nisenbaum, Curry & Lacy can prepare succinct and well-researched briefs that detail the legal error made and argue your reason for the appeal.

When filing your appeal, you will have to follow some basic steps. These are as follows:

File a notice of appeal within the applicable deadline.
Designate the record, which means obtaining the documents from the trial court that are important to the appeal.
Draft and submit the appropriate briefs.
Prepare oral arguments, when applicable.
Wait for the decision from the appellate court.

The appeals process is very different from a trial, which is why it is critical to work with our experienced California appellate lawyers. At Burris, Nisenbaum, Curry & Lacy, our seasoned attorneys can help you navigate the process and prepare a strong case to give you the best chance of success with your appeal. Call us now at 510-839-5200 or contact us online to schedule a consultation.

Case Results

Reginald Oliver v. City of Oakland

Oakland Police keep fabricating evidence and lying about minorities to arrest and prosecute them for supposed “gang” crimes, in violation of a settlement that prohibits …

Named plaintiff Reginald Oliver claims the Oakland PD continues violating the Constitution, in defiance of the settlement in Delphine Allen e al. v. City of Oakland, USDC No. C-00-4599 TEH, also known as "The Riders" litigation. Read Full Course

Jane Smith v. City of Oakland

Racial profiling of Asian women by police officer resulting in a class action complaint for damages, declaratory and injunctive relief

Finding evidence about defendant's post-conviction parole violation unfairly prejudicial "since the jury could have construed that parole violation as character evidence in violation of Federal Rule of Evidence 404(b)" Read Full Course

Rodney King v. City of Los Angeles

Rodney King has filed a petition for a writ of mandamus seeking to have Judge John G. Davies disqualified from presiding at the trial of …

Rodney King waited too long to file a malpractice suit against the first of 27 lawyers who represented him in connection with the infamous beating he suffered from Los Angeles police in 1991, this district’s Court of Appeal ruled yesterday. The ruling by Div. Two affirmed Los Angeles Superior Court Judge Ann Kough’s grant of summary judgment to Steven Lerman. King earlier this year dismissed his appeal of Kough’s ruling in favor of two other lawyers sued in the case, Federico Sayre and John Burris. Read Full Course

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Appellate Attorney in California