When you’re the accused and you feel that the trial court wrongly decided against you, look for a lawyer who will fight for you until the Supreme Court makes a ruling. Doing so will give you the upper hand.
The hierarchy of courts ensures that the accused has a remedy that his counsel can take whenever the decision of the lower court becomes unfavorable. What matters here is that the chosen attorney who will represent the accused has the heart to go all the way for the client. This means that he will bring his client’s case to the proper court until there is no longer any remedy left for him to take.
Innocent Until Proven Guilty
In criminal cases, the accused enjoys the presumption that he is innocent until the prosecution proves otherwise. The Law Offices of Seth Kretzer agrees that this presumption can only be overturned by evidence. When the evidence is strong, judges of the lower courts in Texas or other states may rule against the accused. When this happens, a criminal appeals lawyer will be of great help.
Bringing a Case to a Higher Court
When the accused loses his case in the trial court, an aggressive criminal lawyer can bring the case to the Court of Appeals. In the US, there are 94 district level trial courts and 13 appellate courts. The lawyer will be making the appeal to the appellate court citing errors made by the trial court in the application of the law to the case. This is also where experience in court litigation and appeals comes in.
Taking it to the Highest Court
If the Court of Appeals ruled unfavorably, the lawyer will take the case to the Supreme Court. This is the court of last resort because there is nowhere else to go after it has made the final verdict. One exception would be if the case would be returned to the trial court for a new trial.
Lawyers who will spend their time and effort to bring a case to the Supreme Court can be considered as exemplary ones. If you need an attorney, whether to handle a criminal or a civil case, choose the one who is known to be aggressive. In addition, he must have the experience in making appeals so that when your case reaches the highest court, it’s likely to obtain a favorable outcome.