Appellate attorneys are specialized in post-conviction processes. However, there are times when they can be a useful asset when working alongside a defense attorney during a trial.
Trial and appellate attorneys serve different roles in the criminal justice system. Because of this, defendants in criminal cases tend to not consider the potential advantages of working with both types of attorneys to build the strongest possible defense for their case.
Today we’re seeing criminal defense and appellate attorneys joining forces more often in the courtroom. The question for those in the process of hiring legal counsel for a criminal defense is whether or not this is the best option for their individual case.
The Difference Between an Appellate and Trial Lawyer
Choosing and hiring a defense lawyer is one of the most important decisions a person facing criminal charges in Texas will make. Most people find that the options are overwhelming. With so many trial lawyers, many with their own area of expertise, it can be an incredibly difficult decision to make. When considering the options, it’s important to understand the differences between an appellate and trial lawyer.
The main difference between trial and appellate lawyers is the point of the criminal justice process that they are most likely to become involved. Trial lawyers work with their clients from the point charges are pressed and throughout the trial. Appellate attorneys on the other hand, typically provide post-conviction assistance and are highly experienced in the appeals process.
Appellate law is a legal specialty, much like an attorney may specialize in family law or personal injury. The appellate and post-conviction processes can be extremely complex, making it important that a defendant work with legal counsel that has the experience and a successful track record to see them through the process.
There are some lawyers who specialize only in appellate law, however many appellate attorneys also provide criminal trial defense services. It can be advantageous to work with a criminal defense attorney that has appellate experience or to bring in appellate counsel to work alongside your criminal defense team.
Reasons to Hire an Appellate Attorney
A defendant in a criminal case doesn’t necessarily need to wait for a conviction to be handed to them before they engage the assistance of an experienced Dallas appellate attorney. There are many reasons to hire an appellate attorney, even when you’re already working with a criminal defense team that you trust. Here are a few reasons to consider.
An appellate attorney can be an asset when the odds of being found not guilty don’t appear to be in your favor. Every defendant has the right to file a motion for an appeal after they are found to be guilty of the charges against them, however the appellate court grants very few of the appeals they receive.
This is because appeals are only granted when very specific cause can be shown. Proving this can be challenging for an attorney without appellate experience. Engaging an appellate attorney to work alongside your trial attorney provides them the opportunity to assess the possible justification for an appeal while the trial is ongoing, thus saving valuable time in the post-conviction process. An appellate attorney can also offer additional insights and a different perspective during the trial to assist your attorney in continually building on their defense strategy for your case.
There are also some challenges that present themselves when a trial and appellate attorney work alongside each other as a defense team in a criminal trial. In some cases, individual egos may become a problem and there may be a clash of ideas when it comes to how to best proceed with the defense strategy in a case. Both attorneys have a common goal of defending your case, however, their different perspectives may sometimes pose a problem.
Working with an Appellate Attorney in Dallas
Another option is to work with a Dallas criminal defense lawyer who also has experience as an appellate attorney. If you’re facing charges in a criminal case, you should consider working with an appellate attorney in Dallas who can thoroughly review your case and increase the chances that an appellate court will give your appeal serious consideration. Make the first move and reach out to an experienced appellate attorney at the Broden & Mickelsen, LLP in Dallas today.
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Broden & Mickelsen, LLP
Prior results cannot and do not guarantee or predict a similar outcome with respect to any future case.