Best Rated Dallas Criminal Appeals Lawyer Discusses What Kinds Of Arguments Can A Defendant Make In An Appeal
According to John Helms, an appeal is an opportunity to demonstrate legal errors in the trial court that are limited to the existing record and require well-crafted written arguments.
"When it comes to filing an appeal, it's essential to understand that it's not just a chance to present the same arguments again but rather a chance to show the Court of Appeals that there was a legal error in the trial court that justified a change in the judgment," explains Dallas criminal defense lawyer John Helms.
Appeals are confined to the trial court record, including trial testimony and evidence, and no new evidence or witnesses can be added. Arguments in appeals are made in written briefs that follow prescribed patterns, and common arguments include insufficient evidence, wrong consideration or removal of evidence, and incorrect jury instructions.
Helms emphasizes the importance of distinguishing between a trial and an appeal, as appeals judges must uphold the verdict unless no reasonable jury could have reached that conclusion or there was a legal error affecting the fairness or likely outcome of the trial.
A qualified appeals lawyer should be capable of recognizing probable trial court errors, undertaking extensive research, and writing clear and persuasive written arguments for the Court of Appeals. Instead of relying on charisma or connections, appeals lawyers must excel at studious study and writing, as the appeals process primarily entails reading, researching, and writing in an office setting.
As a prominent Dallas Criminal Appeals Lawyer, Helms enjoys intellectually stimulating appeal cases, seeing them as complicated riddles or mysteries, but never loses sight of the genuine individuals, lives, and futures in each appeal.