If you were convicted of a crime, you may have the opportunity to appeal your case. Should the same appellate lawyer who represented your case help with your appeal, or do you need a specific type of lawyer for the appeals process? Here’s what you should know.  

An Appellate Lawyer Has a Different Skill Set From a Criminal Defense Lawyer 

Trial lawyers and appellate lawyers have many similar attributes, however, they differ in one key area: their ability to write well. Trial lawyers must be skilled at presenting information in an oral argument, while appellate lawyers are most successful when they can put together a persuasive and comprehensive appellate brief. 

Few Trial Lawyers Have Time for Stringent Appeal Deadlines 

Most criminal defense attorneys spend a lot of time speaking with their clients, gathering evidence, conducting depositions, and otherwise preparing for litigation. They may miss important deadlines that could completely eliminate your opportunity to appeal. An appellate attorney is focused specifically on your case and preparing documents ahead of these deadlines, putting you in a better position to pursue your appeal. 

Appellate Lawyers Have a Significantly Better Understanding of the Appeals Process 

A successful appeals attorney must have a comprehensive understanding of both substantive and procedural law and be able to apply these concepts to your appeal. While a criminal defense lawyer can do their very best to represent you, they’re not often well-versed in the specific laws that make appellate cases unique. 

Many people mistakenly believe that an appeal is a retrial to determine again if the defendant is guilty or not of the crime they are charged with. However, this is not the case. An appeal determines if the law was applied correctly to the facts of the case during the trial and if not, the appeals court may order that the case then be retried or dismissed. 

Contact a Southern California Appeals Attorney at MLR Appeals 

If you or a family member were found guilty of a criminal offense, you should explore all of the options available to you to appeal before your sentencing takes place. This window of time is quite short, so it’s critical that you act as quickly as possible. 

If you fail to meet any of the appeal deadlines, you will likely lose your right to appeal entirely and no longer be able to challenge the lower court’s treatment of your case. Contact MLR Appeals today for a consultation at 949.257.3593.