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McHenry County Appellate Lawyers

Barrington appeals lawyer

Barrington Attorneys Representing Clients Throughout the Appeals Process in Illinois

There are situations in which a judge or jury's decision is not the end of your case. You may have the right to ask for the decision to be reviewed by a higher court. Neither judges nor juries are infallible. Mistakes can happen during a trial, and you may suffer from the wrong outcome. If you believe a judge or jury was in error, contact our experienced appeals lawyers at Botto Gilbert Lancaster, PC today. Whether this was a personal injury matter, corporate litigation, or criminal proceeding, our attorneys will review your right to appeal.

What is an Appeal?

Our civil and criminal justice systems are created to give individuals a chance to right wrongs and receive an outcome that is fully in accordance with the law. To ensure everyone has this possibility, our systems allow for appeals in certain circumstances. An appeal is the process of asking a higher court to review a lower court's decision. Requesting a formal review of your case provides the appellate court with an opportunity to reverse potentially incorrect decisions and more fully interpret current laws relevant to the case.

An appeal is not a new trial and usually does not include new evidence or witnesses. Instead, the judge or panel of judges reviews specific questions or issues that arose during your previous trial, including whether proper legal procedures were followed or if the previous judge properly interpreted the law. If the higher court comes to a different conclusion than the lower court, it may or may not change the outcome of your case.

Civil vs Criminal Appeals

During a civil trial, either party may attempt to appeal a decision. This means you can appeal a decision against you whether you are the plaintiff or defendant. An example of a civil case would be a divorce. Following a criminal trial, typically only the defendant can appeal the verdict. If you were convicted of a crime, you can appeal the conviction and/or the sentence imposed for it.

When Can I Appeal?

An appeal of your matter is not guaranteed or automatic, which is why it is crucial to speak with a lawyer right away if you are unhappy with the outcome of your case. The appellate court will not hear your appeal based on the argument that you do not agree with the outcome of your case. Your attorneys must be able to point to a specific question, issue, or law that was incorrectly decided or misinterpreted during your trial. There must be a potential legal error to review.

Potential Outcomes of an Appeal

When you ask for an appeal, there are only a certain number of potential outcomes. The appellate court may:

  • Dismiss the appeal after finding there is no legal basis for it
  • Affirm the lower court's decision
  • Reverse the lower court's decision
  • Reverse the lower court's decision and remand the case back down to the trial court for a correction, reconsideration of the facts, or new trial

Contact Our Illinois Appellate Lawyers Today

If you believe a judge or jury made a mistake in some way during your civil or criminal case, do not hesitate to reach out to our appeals attorneys at Botto Gilbert Lancaster, PC. Our lawyers are experienced in reviewing trials, the judge's decisions throughout the case, and the judge or jury's final decision. If there was a procedural error or misinterpretation of the law, we can file a timely appeal for your case. Contact us today at 815-338-3838 to discuss your rights and legal options.

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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