Best Appeal Lawyers in Burlingame

About Appeal Law in Burlingame, United States

Appeal law in Burlingame, United States, refers to the process by which a person asks a higher court to review the decision made by a lower court. This process can occur in both civil and criminal cases when one party believes that mistakes were made during the trial that affected the outcome. The appellate process is not about retrying the case but examining whether legal errors occurred that could have impacted the judgment or sentence. Appeals must be filed within a strict deadline after the original decision, and the process follows strict procedural rules.

Why You May Need a Lawyer

Navigating an appeal can be challenging without the guidance of a legal professional. Common situations where you may need a lawyer include:

• Belief that the trial court made mistakes in applying the law.
• Discovery of new evidence that could affect the outcome of the case.
• Errors in the way evidence was admitted or excluded.
• Ineffective assistance from your original trial lawyer.
• Unclear or overly harsh sentences in criminal cases.
• Appealing orders in family law matters, such as custody or support decisions.
• Challenging the outcome of civil disputes including contract, property, or business matters.

An experienced appeal attorney can assess your case, identify possible errors, meet deadlines, and skillfully advocate on your behalf in appellate courts.

Local Laws Overview

Burlingame, located in San Mateo County, falls under the jurisdiction of the California state courts and, in some cases, the federal courts. Here is an overview of how local laws and procedures impact appeals:

• California Courts of Appeal handle most appeals from decisions made by the local Superior Courts, including those in San Mateo County.
• Filing Deadlines: You generally have 60 days from the date of judgment or notice of entry to file a notice of appeal in civil cases. In criminal cases, the deadline is typically 30 days.
• Grounds for Appeal: Appeals must be based on legal error, such as misapplication of the law, procedural mistakes, or abuse of discretion by the trial judge. Appeals cannot be based solely on disagreement with the verdict.
• No New Evidence: The appellate court reviews the record of the lower court proceeding. New evidence is not considered except in rare circumstances.
• Briefs and Oral Argument: Both sides submit written arguments (briefs), and most appeals are decided without oral argument, though it can be requested.
• Federal Appeals: If your case involved a federal issue or started in a federal court, appeals go to the Ninth Circuit Court of Appeals.

Frequently Asked Questions

What is an appeal?

An appeal is a legal process where a higher court reviews the decision of a lower court to determine if legal mistakes were made that affected the outcome.

Can I introduce new evidence during an appeal?

Generally, no. Appeals are decided based on the record from the trial court. New evidence is rarely admitted except in exceptional circumstances.

What are the grounds for filing an appeal?

Appeals must be based on legal errors, procedural mistakes, abuse of judicial discretion, or constitutional violations that may have affected the trial's outcome.

How long do I have to file an appeal in Burlingame?

In most civil cases, you have 60 days from the entry of judgment, and in criminal cases, 30 days. Missing these deadlines can forfeit your right to appeal.

What happens during the appeal process?

Both parties file briefs with the appellate court, outlining arguments. Sometimes, oral arguments are held. The appellate court then issues a decision that may affirm, reverse, or remand the case.

What can an appellate court do with my case?

The appellate court can affirm the lower court’s decision, reverse it, send it back for a new trial, or modify the judgment. They cannot retry the case or examine new evidence.

How much does an appeal cost?

Appeals can be expensive due to filing fees, transcript costs, and attorney fees. Costs vary depending on the case's complexity and length.

Will I have to go to court again?

Most appeals are decided based on written submissions. In some cases, oral arguments are scheduled but these do not require presenting witnesses or new evidence.

Do I need a lawyer to appeal?

While it is possible to represent yourself, appeals involve complex legal arguments and strict procedural rules. An experienced appellate attorney is highly recommended.

Can I stop the enforcement of the judgment while my appeal is pending?

In some cases, you can ask the court for a “stay” of the judgment or post a bond while the appeal is ongoing. This does not happen automatically and usually requires a court order.

Additional Resources

• San Mateo County Superior Court - Handles local trial court proceedings and provides information on appeal procedures.
• California Courts of Appeal - Offers guidance on the appellate process in California, including forms and instructions.
• Legal Aid Society of San Mateo County - Provides support and resources for those seeking legal help.
• State Bar of California - Offers attorney search resources and information on legal rights and responsibilities.
• Law Library - Both the public law library and online legal self-help portals in San Mateo County can be valuable for research.

Next Steps

If you believe you may have grounds for an appeal, it is critical to act quickly due to strict filing deadlines. Start by gathering all court documents and the judgment you wish to appeal. Consider consulting with an experienced appellate attorney who can review your case and advise you on the merits and potential success of an appeal. Many attorneys offer a consultation, during which you can discuss the process, possible outcomes, and legal fees. If you cannot afford an attorney, reach out to local legal aid organizations or the bar association for possible low-cost or pro bono options. Preparing early and understanding the legal process increases your chances of a successful appeal. Make sure you understand your rights, obligations, and the procedural requirements before proceeding.