The legal process is full of specialization since particular types of barristers work only on particular cases. For those facing criminal charges, it is good to understand that the process does not just end once the trial ends. Defendants have the right to appeal a guilty verdict.
During the appeals process, it is important to seek the assistance of appeals barristers. Appellate barristers specialize in representing their clients in the appeals court.
The appellate barrister starts his or her work during the trial since some people hire one once they are facing criminal charges. While the trial is underway the appellate barrister advises the defence barrister on the way forward to ensure that the appeal goes as smoothly as possible.
The appellate barrister should have vast experience in the procedures of the appeals court to help him or her avoid any obstacles or hazards. The appeals court has its own specific regulations and rules and only an experienced barrister understands how to navigate it. Doing this ensures that you are likely to file a successful appeal.
The appellate barrister should be able to comb through the trial documentation carefully to ensure familiarity with all aspects of the case. This step is also important for searching for any errors that might have been made during trial and could potentially provide grounds for arguing for a mistrial.
During the appeals process, it is best not to repeat arguments made during the trial. If the arguments could not convince the jury of your innocence, why would they be effective in your appeal? A good appellate barrister should provide a fresh perspective to the case that help him or her find new approaches of attack.
This fresh perspective an appellate barrister brings is why most experts recommend using a different professional for the trial and the appeal. Your trial barrister may lack any new arguments after the trial. Hiring a new person offers the best chance of success.
It is important to have expert legal representation when filing an appeal since it can be a long and grueling process. Only a small number of people are able to represent themselves successfully during an appeal. The success rate for experienced appeals barristers is higher and you need to take this into account during your search.
Final Thoughts
If you have been convicted of a crime and would like to file an appeal, find an experienced appellate barrister who has worked successfully on many appeals in the past and guarantee yourself the best chances of success.