Talented Appellate Advocates Give you a Second Chance
If you have been convicted of a crime or your parental rights were terminated after a trial, do not lose hope. Birckhead Law LLC has experienced appellate attorneys who will review the trial transcripts, conduct legal research, and give you an honest, straightforward analysis of your chances of prevailing on appeal.
At this critical stage, you need someone different than your trial counsel to take a second look at the strategy used, the trial judge's legal rulings, and the state's evidence. You need someone familiar with appellate court rules and procedures, which are not the same as those of the trial court. And you need someone who is particularly talented at legal writing, research, and analysis, which are not the strengths of all trial lawyers.
What is an appeal in Connecticut?
An appeal is a new process that starts after there is a final decision in your case, whether you were convicted of a criminal offense after a jury trial or your parental rights were terminated (TPR) after a bench trial. The appeal focuses on whether the court made a legal error in its rulings. It is not a retrial, and no new evidence is presented. Instead, if you're the party appealing, you submit written briefs to one of Connecticut's appellate courts and argue why the trial court got it wrong. Then the state or the Department of Children and Families files a response, explaining why the lower court got it right. Once the briefs have been submitted, the parties orally argue the appeal before a panel of appellate judges.
After oral argument, the panel will review the case, decide the appeal, and issue a written opinion. If the panel concludes that the lower court made a mistake, it can “reverse” and instruct how to correct the lower court's error. Sometimes the correction is reversing the criminal conviction. Sometimes the correction is a new trial. And sometimes the correction is reversing the trial judge's approval of the petition terminating your parental rights. If, on the other hand, the panel concludes that the lower court did not make a mistake, it can “affirm” the finding or conviction, meaning that the decision stands.
Contact Birckhead Law LLC for a Second Chance
Through the appellate process, an experienced, effective appellate lawyer, like those at Birckhead Law, can help you correct a trial court decision that violated your rights and guide you towards a better outcome. Contact us today.