Appellate Family Court Lawyer Sacramento
3 Ways The Best Appellate Family Court Lawyer in Sacramento Can Help You In Family Court
When you feel you are at a point in your family law case that you are now in need of an appeal it is best to contact the Jay-Allen Eisen Law Corporation for further advice. Family law can be very tricky and if not handled properly could definitely end badly. Eisen Legal has handled Admin law, Land use cases, and multiple family law cases as well. Questions arise daily; here is one of the most recent.
Preparing to work with judges can be difficult to say the least. They as well can at times become difficult. So it is vital that you stay calm and collected so as not to appear that you are somehow challenging the judge. You want the atmosphere in the courtroom to be as calm as possible. Here are three tips on how to achieve just that.
Be Ready: In a courtroom patience is not in excess. Judges are not favorable to lawyers and litigants who are not prepared. Judges calendars, especially in California, can be written to hear upwards of 30 matters just in the morning. What does this mean to you? It means know what you need to accomplish that day in court, have your papers, evidence, witnesses, and testimony in line.
Continuance Etiquette: Often times, especially in family law, there will need to be a continuance requested by either one or both sides. It is always good practice to notify the courts the day before in order to give the judge a heads up so they do not feel as though the readings of the case are in vain, only to continue.
Court Rules: Most of the time these rules are never in writing. However it is always good practice to read up on what you can find in accordance to the local court rules as well as the California court rules. Asking the clerk if there are any specific customs the judge you are going in front of holds in their court is always a great way to please the judge presiding over your case.
Hiring The Most Competent Appellate Lawyer Sacramento Has On The Docket Can Clear Allot Of Your Questions Up For You
When you find yourself in the middle of a legal action there will be a thousand questions swarming in your head at any given moment. There have been to many times where someone just says ‘we will appeal’ not knowing if the certain situation can or should be appealed. Believe it or not, not all cases should be appealed.
Generally speaking rulings passed down in a final judgement are those that can be appealed. There are many statutes in place that may or may not allow an order to be appealed at all. When family court is the venue then any order that involved someone paying money can be appealed.
When the decision to appeal has been made be prepared to wait. In California alone the appeal process can take anywhere from a year to two and a half years. There are statistics showing that one particular California court closed 90% of their appellate cases in approximately 19 months. That in itself was a record.
Many people want the main question answered first; what are the chances that they will even win an appeal. This of course all depends on the case, evidence, and legalities of course. However, on average there is about a 1 in 4 chance you will win an appeal in the state of California.
The misconception of what an appeal is used for seems to overpower individuals on a regular basis. An appeal cannot be requested simply because you think the jury believed evidence that was not true. That is not for you to determine. That is for a judge and jury to determine. There is a rare chance that a judgement could be overturned due to lack of evidence, but not due to the perception of the evidence.
The lawyers at Eisen Legal are ready to help you through the appeals process when you are ready.
The most professional and experienced appellate lawyer Sacramento has presiding
If you are wondering whether or not an appeal is your best decision then you need to seek out the council of the most experienced appellate lawyer Sacramento has available. In many cases this is the only plausible solution. Especially when it is questionable on whether the trial courts actually made the correct ruling. It is no mistake that at times trial courts are in fact faced with areas of unsettled law. That is exactly where you need to have an experienced appellate lawyer step in and fight for you and your freedom.
There are many documented successes of using the appeals process they often do offer final resolution to your court dilemmas. There is definitely a relief when an appeal is approved. Especially since it means to open the door for many cases to be dismissed. This is not the solution in every case, but in many it certainly is an option.
There is of course a down side to the appeals process, especially in California. The basic appeals process can easily take a year and if your appeal needs to be entered through Federal court than a two year time frame is very easy to meet. Along with the extensive time frames are the associated costs. This is very important to know going into the process. If there are not sufficient funds to finish the process, you may want to reconsider your options.
Depending on the evidence there may very well be a question as to whether appealing the case is even a viable option at all. The strength of the evidence is crucial and will be reviewed by your lawyer in order to make an educated decision and recommendation as to how to proceed. This is the time it is very important to heed the advice of your lawyer.
When you are considering an appeal please contact the most professional and experienced appellate lawyer Sacramento has presiding in their district; JAE Law Firm at 916-444-6171 today.
Wonder What The Appellate Lawyer Sacramento Has Its Dockets Will Do For You?
Understanding the law is crucial when you are in the midst of a case, any case. Not to mention it is always a good idea to have the most decorated appellate lawyer Sacramento has on its books on your side. If you are not fully aware of what exactly your appellate lawyer will do for you, make sure you find out now. The last thing you want is to ask qualifying questions when it is entirely too late in the case.
Appellate lawyers are a bit different in the fact that they study mainly in specialized categories. As far as Jay-Allen Eisen Law Corporation is concerned they have specialized areas as well. The appellate lawyers within this firm have practiced Motion law, Writ Law, and Civil Appeals in Administrative Law, Business litigation, and Personal injury just to name a few areas.
While you are searching, interviewing, and contemplating your own appellate lawyer you may be asking yourself what it is exactly that they do. There are a range of activities and responsibilities held by an appellate lawyer. Here are only a few:
- reevaluate the case in its entirety and evaluate any issues or concerns
- all motions will be reviewed and studied on a case by case basis
- reading of the trial transcript
- gather with the team of lawyers for the trial and cover facts of case
- independent legal research
- compile an issues memo for later reference
- build legal brief and share with client and the trial lawyers
- complete redefinition until brief is in final stages and ready to be filed
- oral argument presentation
- management of post-hearing steps and procedures
These among many other steps are the general responsibility of any well respected appellate lawyer Sacramento offers to their clientele. If you are in need or have any questions please feel free to contact our offices at 916-444-6171 and set up a time and date for a consultation.
Hiring the Very Best Sacramento Attorney for your Appeal Case
If you’ve by now been through a trial with your Sacramento Attorney, chances are you have developed a great relationship with them, and may decide to have your attorney take care of the forthcoming phase of your case. Alternatively, that may not be the most ideal choice for you or your attorney, in the end.
Why should I have a different Sacramento Attorney for different parts of my particular case?
Trial attorneys and also appellate attorneys frequently have drastically unique abilities. Trials require the competencies of an attorney who has the necessary experience courtroom and working with juries. Additionally, trial attorneys need to be informed of many, quickly upcoming due dates and be particularly cautious in their negotiations with the opposite counsel.
When compared, appeals often will need considerable levels of legal research, writing and reasoning and arguing legal doctrines presented before a judge. Appellate attorneys are acquainted with having plenty of time to research legal issues completely and write extensive briefs with complicated arguments. They will go to the court room extremely prepared and are industry experts on the cases they take care of.
Typically, attorneys find that they can successfully assist their clients when they focus on either their trial or appellate abilities. So, if your case is over and above the trial phase and is heading to appellate court, it may be in your very best interests to hire a new attorney who is an skilled in appellate practice.
Because that trial and appellate work are two distinctive types of legal practice, the attorney who represented you at your trial will not instantly file or deal with your appeal. You will have to ask your attorney to take action, or discover a different attorney who will do so. If you desire to appeal your conviction, make certain to accurately and certainly explain to your attorney of that.
Most recently, the U.S. Supreme Court recognized that a attorney’s inability to file a notice of appeal is not going to immediately constitute inferior support of counsel, that long as the defendant did not seemingly express his or her wishes on the subject. In several states, the state public defender or other legal counsel will commonly handle the appeal for those unable to pay money for legal consultation.
The certified Sacramento Appellate Law Professionals at the Law Offices of Jay-Allen Eisen are part of the only appellate firm that is a specific “Tier 1″ by U.S. News/Best Attorneys and will be your best option for suitable representation. To find out more, make contact with the Jay-Allen Eisen Law Corp. by going to: www.eisenlegal.com
What does it mean when the other side appeals a case?
At any time a court case gets appealed, it indicates that one of the parties involved is asking for a final decision to be investigated again by a higher court. In essence, they are disagreeing due to the fact they feel something didn’t go right with the first decision made and feel it needs to be changed. In many cases, the appeals process is to some degree restricted. You most likely will not need to head to court again, and the appellate court will most likely give some deference to the current standing decision.
Ordinarily, when a court case is appealed, there need to be a legal or procedural error in order for the court to alter their decision. Basically, the appellate court typically will not likely disrupt any decisions that have taken place based on just the facts. Instead, they will look to see whether or not the law was used properly and whether everything was done suitably. If a jury was given bad instructions, if the judge permitted evidence in that most likely shouldn’t have, or if something else of that matter went entirely wrong, then the case may perhaps be “overturned.” This implies, the initial decision will be revised or it could be remanded, and it will be sent to the lower court to look over it again with more explanation.
This is just not to say that an appeals court never assess a case with completely new eyes. Anytime they do, it is known as “de novo” review, which usually means that they went over everything without any eyes and will not take notice to what the court below them did. Ordinarily, only judgments made by judges in specified courts will go through a “de novo” appeal, just as judgments taking place in small claims court.
No matter what, generally the appeals process is made up of lawyers writing briefs or “arguments” regarding why the higher court should or shouldn’t change what was previously decided. It is also considerable to notice that either party is capable of appealing a case. If the winning party is not satisfied with the level of damages for example, he or she may possibly appeal it. The only exemption is a prosecutor in a criminal case, who is not allowed to appeal a verdict of not guilty.
The appeals process is usually legally rather complicated. If you are included in a case and the opposite side is appealing it, you need to have Sacramento legal assistance from a skilled Sacramento attorney.
The certified Sacramento Appellate Law Specialists at the Law Offices of Jay-Allen Eisen are a part of the only appellate firm that is specified “Tier 1″ by U.S. News/Best Lawyers and will be your very best choice for proper representation. For more information, contact the Jay-Allen Eisen Law Corp. by going to: www.eisenlegal.com
The Other Side is Appealing a Case, What does that Really Mean?
When a court case gets appealed, it means that one of the parties is asking for a decision to be looked at again by a higher court. Basically, they are disagreeing because they feel something went wrong with the first decision and feel it should be changed. In many instances, the appeals process is to some extent constrained. You probably won’t need to go to court again, and the appellate court will probably give some deference to the already standing decision.
Typically when a case is appealed, there must be a legal or procedural error for the court to change their final decision. Quite simply, the appellate court generally will not disturb decisions that have occurred based on the facts. Rather, they will look to see whether or not the law was used correctly and whether or not everything was done appropriately. If a jury was given terrible instructions, if the judge allowed evidence in that probably should not have, or if something else of that nature went completely wrong, then the case may possibly be “overturned.” This means, the original decision will be modified or it may be remanded, and it will be sent back to the lower court to look over it again with more clarification.
This isn’t to say that an appeals court will not ever evaluate a case with new eyes. Whenever they do, it is called “de novo” review, which implies that they looked at everything without any eyes and won’t pay attention to what the court below did. Normally, only judgments made by judges in certain courts go through a “de novo” appeal, like judgments taken place in small claims court.
Regardless, commonly the appeals process is composed of lawyers writing briefs or “arguments” about why the higher court should or should not change what was already decided. It is also significant to note that either party can appeal a case. If the winning party is not pleased with the amount of damages for instance, he or she may appeal it. The only exclusion is a prosecutor in a criminal case, who is not permitted to appeal a verdict of not guilty.
The appeals process is generally legally quite complex. If you are involved in a case and the other side is appealing it, you need to have Sacramento legal help from an experienced Sacramento attorney.
The certified Sacramento Appellate Law Specialists at the Law Offices of Jay-Allen Eisen are part of the only appellate firm that is designated “Tier 1″ by U.S. News/Best Lawyers and will be your best choice for proper representation. For more information, contact the Jay-Allen Eisen Law Corp. by going to: www.eisenlegal.com.
Sacramento Criminal Appeals
If you’re found guilty at a trial, you will have the right to an appeal process. Due to this, it is crucial to make certain you have a leading Sacramento Appeals Attorney on your side. There are a number of reasons to appeal a criminal case, and the process of an appeal can be very difficult for anyone. This is why speaking with an attorney will guarantee that the best is being made available to you.
Furthermore, if you have an appeal filed, you don’t want it to be dismissed. It is important that you are aware of all deadlines when applying to appeals:
- You need to file a “Notice of Appeal” for misdemeanor and infraction cases within the 30 days of the date of the judgment or order.
- A “Notice of Appeal” needs to be filed for a felony within the 60 days of the date of the judgment or order.
Do take into account that the appeal will not end up being a brand new trial. The appellate court can review the trial record to figure out if the trial court made a legal error. The appellate court doesn’t make a final decision pertaining to the facts of the case, as the judge or jury would end up doing it at the trial court.
You are able to appeal only if you say there wasn’t an adequate amount of evidence in your trial to justify the verdict or judgment. Additionally, if you do say there was a mistake of law during the course of or prior to the trial that hurt your specific Sacramento criminal case.
If you say there wasn’t enough evidence in your trial to rationalize the judgment, the appellate court will review the record and make a decision if there was enough evidence to support the judgment. If you do say there was a mistake of law made, the appellate court will end up having a hearing to hear both parties. Then, they will make a final decision of whether or not there is an irregularity or mistake that hurt your Sacramento criminal case.
Together with appealing after a trial, there are other scenarios when you can file an appeal, like appealing the credibility of a plea or probation violations. It is important to speak with your Sacramento Appeals Attorney to learn more about your chances to appeal.
Jay-Allen Eisen Law Corporation is the area’s top Sacramento appellate firm handling all kinds of civil appeals, writ petitions in the trial and appellate courts, and law and motion matters for various clients including small to mid-size firms needing top-notch appellate counsel. For more information, please visit: www.Eisenlegal.com
Sacramento Criminal Appeals
Appeals Sacramento Court Judgment – Trial vs. Appeal
Any final trial court decision is subject to evaluation by an appeals court, which also includes decisions concerning any Sacramento civil cases. Regardless of whether or not the appeal concerns a final judgment entered by a jury or a judge’s order, an appeals court will certainly review everything that took place during the proceedings to find any errors of law. If the court finds an error that led to the trial court’s final decision, then the appeals court will reverse the final decision. The Sacramento attorneys for the defendant will turn over any briefs to the court and an oral argument may possibly be granted. Once the appeals court makes their decision, the possibility for additional appeals are then restricted. The amount of parties filing appeals has escalated dramatically over the last few years, resulting in the state and federal court systems to put into practice improvements in an attempt to keep current.
A Sacramento court trial and an appeal do have a number of commonalities, including many differences, too. During a trial, all parties involved will present their cases. This does include calling any witnesses to get their testimony and for showing other pieces of evidence, including pictures, documents, blueprints or any other vital piece to be included in the case. As soon as everything has been turned over, the jury will weigh out the evidence and determine the facts of the case. Then, the judge regulates all of the activities that take place in the courtroom and will make certain of all the legal judgments, such as ruling on any motions and objections.
A review of the Sacramento trial court’s application of the law is called what is called as an appeal, and no jury is present during an appeal. The court will recognize all of the necessary facts as they were disclosed while in trial court.
An individual judge presides over a Sacramento trial and with an appeal, a number of judges appear all at once. The number of judges required is also determined by the jurisdiction.
Sacramento appellate firm, Jay-Allen Eisen Law Corporation is the top appeals attorneys that take care of all sorts of civil appeals, write petitions in the trial and appellate courts, and law and motion matters for clients and small to mid-size firms needing top-notch appellate counsel. For further information, please visit: www.Eisenlegal.com
Appeals Sacramento Court Judgment – Trial vs. Appeal
Sacramento Criminal Appeals
If you’re found guilty following a trial, you do have the right to an appeal process. Because of this, it is vital to make sure you have a top-notch Sacramento Appeals Attorney on your side. There are many reasons for an appeal of a criminal case and the process of an appeal can be very challenging. This is why talking to an attorney will ensure that the best is being made available to you.
Additionally, if you have an appeal filed, you don’t want it to be dismissed. It is vital that you are made aware of all deadlines when applying to appeals:
- You need to file a “Notice of Appeal” for misdemeanor and infraction cases within 30 days of the date of the judgment or order.
- A “Notice of Appeal” needs to be filed for a felony within 60 days of the date of the judgment or order.
Take into account that the appeal will not be a brand new trial. The appellate court can review the trial record to find out if the trial court made a legal error. The appellate court doesn’t make a decision regarding the facts of the case, as the judge or jury would do in the trial court.
You are able to appeal only if you say there wasn’t a sufficient amount of evidence in your trial to justify the verdict or judgment. And also, if you say there were mistakes of law during the course of or prior to the trial that harmed your specific Sacramento criminal case.
If you say there was insufficient evidence in your trial to rationalize the judgment, the appellate court will review the record and determine if there was significant evidence to support the judgment. If you do say there were mistakes of law made, the appellate court will have a hearing to hear both parties. Then finally, they will make a decision if whether or not there is an irregularity or mistake that hurt our Sacramento criminal case.
Together with appealing after a trial, there are other scenarios when you can file an appeal, such as appealing the credibility of a plea or probation violations. This is why it is very important to speak with your Sacramento Appeals Attorney to learn more about your possibilities to appeal.
Jay-Allen Eisen Law Corporation is the leading Sacramento appellate firm handing alls sorts of civil appeals, writ petitions in the trial and appellate courts, and law and motion matters for various clients including small to mid-size firms needing top-notch appellate counsel. For more information, please visit: www.Eisenlegal.com