Frequently Asked Questions

1.        How long does an appeal take?  While it can vary from case to case, an appeal generally takes approximately one year to complete.

2.       What are my chances at success?  Do I have other options if I lose my appeal?  Based on our experience, there is a 68% chance of obtaining some form of relief when retaining the Legal Appeals Group.  In addition, if you lose your direct appeal, you can still challenge your conviction(s) by asking the next highest court to review your case or you can file a different type of pleading, such as a Petition for Writ of Habeas Corpus.

3.       What is the difference between a Direct Appeal and a Petition for Writ of Habeas Corpus?  A direct appeal raises legal issues that are apparent from the trial record whereas a habeas petition raises constitutional errors that are often revealed by new evidence.  New evidence cannot be submitted in a direct appeal, but it can be submitted in a habeas petition.

4.       What is the difference between a trial attorney and an appellate attorney and do I have to retain the trial attorney as part of the appellate team?  A trial attorney discredits the evidence presented by the prosecution whereas an appellate attorney reviews the trial for legal errors, scrutinizing the performance of the prosecution, defense, and trial court.  Therefore, while a trial attorney’s input can be valuable on appeal, it is imperative to retain independent counsel on appeal to ensure any potential claim of ineffective assistance of counsel is discovered and raised on the client’s behalf.

5.       How much does it cost to appeal a conviction(s)?  While this varies from cases to case, appeals can cost as little as $5,000 and as much as $100,000.  However, the average appeal at the Legal Appeals Group costs approximately $25,000.

6.       Can I get bail pending appeal?  In most instances, bail will not be granted pending appeal. 

7.       If I win on appeal, will I be freed from prison?  Most appellate errors do not set the client free, but entitle the client to a new trial.  However, some claims, like insufficiency of evidence, will reverse a conviction and bar re-prosecution of the charges setting a client free.

8.       Will I be required to testify at the appeal or be present during any of the appellate proceedings?  No.  You cannot testify on appeal because the appeal is limited to the transcript of the trial proceeding and precludes the introduction of new evidence.  Unlike trial, where the client has a constitutional right to be present during the proceedings, no such constitutional right exists on appeal.  Therefore, if incarcerated, the client will not be brought to court for oral argument.  If the client is out of custody, however, he or she is welcome to observe oral argument.

9.       Does it matter whether my case was tried in state or federal court?  No.  The Legal Appeals Group specializes in both state and federal cases.

10.   If I win on appeal, can I sue the state for damages?  As a general rule, no.  However, in extremely egregious cases, a client might be able to support a civil rights claim against the state or federal government.  However, the Legal Appeals Group does not handle civil rights litigation.