A New Hampshire appeals lawyer represents people who have already received a decision by the judge, called an order or a conviction for a crime after entering a plea or being found guilty in a bench or jury criminal charge.
An appeal of a criminal conviction involves requesting the New Hampshire Supreme Court to examine a decision or verdict of a lower court because of a mistake of fact or law.
Your appeals attorney understands the appellate process and how the New Hampshire Supreme Court handles these types of cases. Appeals are different from trials.
A New Hampshire criminal lawyer uses oral and written advocacy skills based on the testimony and evidence admitted at trial or a prior proceeding. When hiring a New Hampshire appeals lawyer, written and oral advocacy skills count.
New Hampshire Court System
New Hampshire has one appellate court, the Supreme Court in Concord. A five-member appellate court, the New Hampshire Supreme Court hears cases that originated in the Superior Court, the District Court, the Family Division, or the Probate Court.
Arguments in the New Hampshire Supreme Court are heard in some cases before the full, five Justice court; other appeals are argued before a panel of three of the five Supreme Court justices.
Additionally, the Supreme Court can hear appeals from State Administrative Agencies, like the Department of Transportation or Liquor Commission.
Appeals by themselves are complicated because the court in New Hampshire imposes strict rules on how evidence is to be submitted to the court and the time the parties must respond to their opponents’ briefs and motions. Most appeals of criminal convictions must be initiated within 30 days of the order or sentence being appealed.
Additionally, oral argument is scheduled as an opportunity for the appellate judges to ask questions of the lawyers in support or opposition of the appeal.
A New Hampshire appeals attorney charges the client for their writing and oral advocacy, but there is also administrative fees like filing fees, preparing the record, and printing transcripts that are costs borne by the client.
Appealable Decision, Conviction, or Verdict
Just because a case is lost or a person perceives the judge to be unfair does not by itself mean that there are grounds for an appeal of a criminal conviction or verdict.
The lower court must have made an error in the application of the law or an interpretation of the facts during the original hearing or trial to trigger an appealable event.
Successful appeals may result in a reversal of the trial court’s order or decision and possibly require a new trial. The Supreme Court may also affirm or agree with the original decision, conviction, or verdict of the court.
Such procedures can be best explained using an appeals lawyer in New Hampshire
Benefit of Legal Representation
The benefit of hiring the trial lawyer to handle a criminal appeal is that the trial lawyer is already familiar with the case, the issues, and disputed facts that were considered at trial that now form the basis of the appeal.
Appeals require lawyers that have excellent oral and written advocacy skills. Sometimes, a second look, by someone unfamiliar with the case, may be useful when deciding to pursue an appeal of a criminal conviction. These circumstances call for the assistance of an experienced New Hampshire appeals lawyer.
Contacting an Appeals Lawyer
Pursuing an appeal is a decision that should not be taken lightly. A direct appeal is the final direct stage of a dispute or criminal conviction. If the request is denied, the decision of the lower court stands.
Seek advice and counsel from a New Hampshire appeals lawyer to carefully review the grounds for an appeal and the likelihood of success.