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In DC, someone can appeal any final order from a case or certain other decisions or orders. An appeal is a way to ask for the decision to be reviewed. If someone is appealing a decision, they want it to be overturned by a higher authority. When a case is appealed, it goes from the DC Superior Court to the DC Court of Appeals, who will review the decision. They will then issue an order, either upholding the lower court’s decision, returning the lower court’s decision, or sending it back to the lower court to review it again with different information or different conditions.
A seasoned lawyer could help you with filing an appeal in DC. Reach out to an experienced appeal attorney today and set up a consultation.
A person can file an appeal in DC when a case is over if they have been convicted after trial. If they have been convicted after a guilty plea, they can appeal only in limited circumstances. There are certain other decisions that do not end the case but are appealable. For example, a judge’s order that sets release conditions can sometimes be appealed.
The time limit on filing appeals in DC is 30 days. Once there is a final decision, the decision must be appealed, or the notice of appeal must be filed within 30 days.
Generally, a person can appeal a case once unless some new issue arose after the first appeal. A person has just one opportunity to appeal, but they may appeal it on multiple grounds. If there are multiple problems with the case, they can appeal based on all of those, and then the Court of Appeals will issue a decision. That Court of Appeals decision can be appealed again and, in theory, the case could go all the way up to the Supreme Court. A person cannot appeal a case for one reason, have the appeal denied, and then appeal the original case for a second reason. Generally, they have to put all the reasons why the case should be appealed in that first appeal. Consult with a knowledgeable lawyer for more information.
Some factors to consider when thinking about filing an appeal in DC are the grounds for the appeal, why one wants to appeal, whether it is a lawful or legitimate reason to appeal, and the likelihood of success. One thing that is important to know is that the appellate process takes a long time. Even a strong argument with solid legal footing and a successful appeal can take several years to work its way through the appellate process. Once the request to appeal is filed, it can take many months to be reviewed.
It can take many more months for a decision to be issued, so it is not uncommon for the entire process to take several years. There are also some fees associated with filing the appeal. It generally costs at least about $100 to file the paperwork, but the fees can be waived upon request. The biggest thing that is surprising to people is the amount of time that the appellate process takes.
An appeal can be denied for several reasons. One reason is that the 30-day window has passed. If it is too late to appeal, then the appeal will not be heard regardless of the legal basis for the appeal. Generally, there is a high bar for an appeal from a criminal conviction to be overturned. There has to be strong evidence of a procedural violation or misapplication of the law. Typically, if the flaw is somewhat ambiguous or it is not a clear violation, the appeal likely will not be granted.
Call an attorney today for more information about filing an appeal in DC.
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