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June 15, 2011
  What Happens in Appeals Court?
Posted By Criminal Defense Editor

If you are like many people, you are mistaken about what actually happens in an appeals court.

When someone files for an appeal, they do not get to re-open their case or discuss the facts of their case with a different judge. Instead, a federal criminal appeal is brought before a judge to discuss an error on legal grounds. The appeals process mostly takes place in writing, where one side will attack the former judgment on the grounds that a legal error has occurred.

Should your case go to an appellate court, there is no jury or court reporters. The persons involved in your appeal - your lawyers, the opposing side's lawyers and the judge(s) - are the only people to hear the appeals and decide it. In almost all cases, an appeals court will not take in new evidence or re-hear testimony from the previous trial or trials.

Need help filing an appeal?  Take the time to call a criminal defense lawyer who can provide you with needed assistance.

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