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Colorado Appeal Lawyers

Handling Criminal or Civil Cases in Higher Courts

Did your legal case result in an unjust outcome due to a legal error? You may have the option to appeal the decision to a higher court for further review.

A judgment against you does not need to be the end of the line. At Jorgensen, Brownell & Pepin, P.C., our Colorado appellate attorneys can help review your case – either criminal or civil – to determine whether an upper court review may result in a more positive decision. If we believe your case is eligible for an appeal, we will prepare all the required paperwork on your behalf. Our mission is to secure the kind of case result you need in order to get on with your life and put this matter behind you.

Talk to professional appellate lawyers. Contact us today.

Types of Appellate Cases We Handle

Appeals can arise in a multitude of circumstances related to criminal, civil, and family law court orders. Our Colorado appellate attorneys have represented our clients in just about any appellate setting you can imagine, ranging from administrative hearings and Department of Motor Vehicle determinations to district court cases and high-stakes cases in front of the Colorado Supreme Court. Regardless of the complex aspects of your case, we are confident in our abilities to assist you with appealing your case's verdict or ruling. We leave no detail unaddressed when handling appeal cases for our clients.

When is an Appeal Allowed?

Appeals are not available for every court case. Appeals are also based on a legal error or some sort of egregious lapse of correct judgment during a case. You typically cannot appeal a case simply because you did not like the outcome. Instead, you will have to work with your appellate lawyer to determine that a legal error was made before bringing it to the attention of the higher court.

In particular, an appeal is meant to correct a “reversible error” made by a lower court. A reversible error is a mistake that could have been prevented if the court, its judge, or its jury had properly followed accepted court rules and proceedings.

For example: Imagine that a jury rules that you are guilty of a crime, but it is revealed that they based their decision solely on evidence that had been deemed inadmissible. An appeal could be filed to argue that the jury was erroneous in its decision-making process and that the judge made a mistake when accepting that tilted verdict.

Who can file an appeal? It depends on the type of case:

  • Criminal: Defendant can appeal a guilty verdict. The prosecution cannot appeal a not guilty verdict.
  • Civil: Either side of the case can file for an appeal. This applies to injury cases, family law cases, and anything else handled in a civil courtroom.

What Can a Higher Court Do?

When your appeal is accepted, your case will be passed to the next higher court for review. Appeals can technically climb the judicial system until it reaches the United States Supreme Court for a final decision. Most cases will not go this high, though, simply due to resource constraints and a lack of necessity.

When reviewing a case, an appellate court can conclude the appeal by:

  • Reversing a decision: Commonly, an appellate court will reverse erroneous decisions made by lower courts, effectively undoing part or all of the preexisting order.
  • Dismissing a case: When there seems to be no correcting the extent of legal errors in a case, an appellate court may rule to dismiss a case entirely, erasing it and any of the legal consequences it had caused so far.
  • Requiring a retrial: Higher courts can also send appealed cases back down to lower courts for retrials. During a retrial, the case has to be handled as if it was never brought to court before. It is a complete redo.

Keep in mind that you may be able to appeal the decision of an appellate court. If you are dissatisfied with how your appeal was handled, then don’t hesitate to reach out to our Colorado appellate lawyer about what to do next. We have the skills and experience needed to move your appeal upward until a fair verdict or decision is reached.

To schedule an initial consultation regarding your appeal, call (720) 809-8310.

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