No one is perfect, and that does include our legal system. Just like people do, the court might make legal errors, or mistakes, when handling cases. For some, this can help them pursue an appeal for their case. Our experienced appellate attorneys at Herbert & Weiss, LLP share the grounds for an appeal and why it might be necessary.
What is An Appeal?
An appeal is a legal process where a higher court reviews the decision made by a lower court. The purpose of an appeal is to correct any legal errors that might have been made during the case. It can also re-examine certain evidence to ensure that it was properly considered by the lower court. Essentially, an appeal checks to see if the lower court made its ruling correctly.
While you might traditionally think of appeals with criminal cases, they can be done for cases with different backgrounds, such as family law appeals. If you are unsure if your case is eligible for an appeal, consult with an experienced appellate attorney.
What Are the Grounds to Appeal a Case in New Jersey?
There are many grounds to appeal a case, but they can be generally broken down into two categories: procedural and substantive.
Procedural errors are just that — mistakes made during the trial process that did not follow proper legal procedure. These can include errors in jury instructions, allowing improper evidence, or not allowing relevant evidence.
Substantive errors are made when the lower court rules on the wrong side of the law. This can be because they misconstrued the law, incorrectly applied the law to the facts of the case, or made a ruling that goes against established state law.
Why Would I Need an Experienced Appellate Attorney?
Appealing a case is a complex process with precise rules and deadlines that must be followed. Just like you wouldn't want an attorney without litigation experience to handle your trial, you most likely won't want an attorney who is not confident in the New Jersey appeals process to manage your appellate case.
An experienced appellate attorney will know how to navigate the appeal process and give you the best chance at obtaining a successful outcome.
Unwavering Commitment to Delivering Results
At Herbert & Weiss, LLP, our knowledgeable appellate attorneys have successfully handled appeals in various cases. We have the experience and skill necessary to help you appeal your case and deliver the results you deserve.
If you think you might have grounds for an appeal, call us today at (201) 500-2151 to schedule a consultation with our team. Our experienced appellate attorneys would be happy to review your case and discuss your options.