If you received an unfavorable result at the trial level, you may want to have a higher court reverse the decision through the appellate process. During the appellate process, we would be asking the court to consider the pertinent statutes, procedures, and case law and to reconsider the trial court decision.
Appeals can be classified into two separate categories, cases where the trial court made an error and cases “of first instance” where important legal decisions have not yet been resolved. In both sets of cases, an appeal can be trying for the parties. Whether you are the party requesting the appeal or the party defending the appeal, you will be forced to deal with a case that remains unresolved. The Law Firm of Alexander K. Anderson is committed to providing client-centered appellate representation that will help explain the complicated process, and fiercely advocate for your position before the Maryland appellate courts.
Cases of First Instance
At the trial level, lawyers and judges are bound by what the law is, but appellate lawyers have the luxury of considering what the law should be. Every appeal is an opportunity to advocate for a new law or to change a law that needs revision. Many attorneys lose focus on the client’s needs, especially with a case of advocating for a new law; The Law Firm of Alexander K. Anderson is committed to not only resolving any area of unsettled law, but also focusing on your specific needs.
Cases of Legal Error
It is possible that a trial court may have misapplied the law, overstepped its legal authority, or considered improper evidence. In these cases, an appeal is a chance to ask a higher appellate court to correct the trial court’s error. When it is believed that a judge did not account for all of the aspects of the law or did not consider every aspect of a case, an error of law allegation can be made.
Deciding to Appeal
You may be wondering if it is worthwhile to seek an appeal in your case and there are instances when it may not be... The answer can only be accurately given on a case-by-case basis.
In all cases, it is important to consider the strict procedural process to preserving your rights. Before filing an appeal, it is often worthwhile to give the original court a chance to reconsider the decision. This allows the judge to correct any potential errors before going through the steps of an appeal. There are strict time requirements for all filings when asking the court to reconsider its ruling. It is important to contact an attorney quickly after receiving an unfavorable result. If the deadline for filing is missed, an appeal or request to reconsider an unfavorable result can be denied regardless of the merits of your case.
The Law Firm of Alexander K. Anderson will discuss the intricacies of your case with you and help you reach a decision as to whether or not you should file an appeal and how to plan for the best course of action to be successful with the appeal.