What you should know. It’s not over.

If you believe the representation in your case was flawed, errors may have been committed by the court or previous counsel, or you are unsatisfied with the outcome of your case, you have the right to appeal.

Here are some frequently asked questions regarding appeals.

What is an appeal?
An appeal is a review of the trial court’s decision by another court. A party may appeal an unfavorable judgment and certain orders.

How much time do I have to appeal?
A written notice of appeal must be filed in a timely fashion. The exact time deadline for filing a notice of appeal varies by state and depends on the type of case. For example, if you want to appeal a criminal conviction in New York you have 30 days from the date of conviction to file a notice of appeal. Because appeals are complicated, it is imperative that you make the decision to appeal immediately to give your legal counsel adequate time to prepare and file accurate documentation.

How long does an appeal take?
Many factors determine the length of an appeal. Certain types of cases, like child custody, as an example, may be given priority status. As a general rule, an appeal can take 12-18 months, depending on the complexity of the case as well as court volume.

Can my verdict be reversed?
Yes. If the appellate court finds that your case was improperly decided or there were procedural errors or mistakes committed during the proceedings of your case, then an appellate court will not hesitate to reverse the previous decision. This is why you need legal counsel that is very well versed in the procedures of appellate law.

Can I appeal judgments in civil matter?
Yes you can. Keep in mind, as in any appeal, time is critical and you must act immediately. If errors were made in procedure, omissions of information were made or overlooked for any reason, an appellate court will likely reverse a previous decision made in the lower court.

Can decisions in child custody, visitation and similar issues be appealed?
Yes, they can be appealed. Again, timing is critical.

What happens to me while I am waiting for my appeal to be decided?
As a general rule, the decision of the lower court will be imposed and will be binding until the appellate court renders its decision. In some cases, we may be able to ask the appellate court for a stay to temporarily delay the imposition of the lower court’s ruling until after the appellate court has heard the appeal.

How much does it cost to appeal?
The cost will vary depending on the complexity and nature of the case. We recommend that you immediately discuss fess with any attorney you choose and ask for an explanation of what costs you can expect as well as what services you will receive in return.

Do I want to change attorneys for an appeal? Why?
It is often beneficial to hire a new lawyer to take a fresh look at your case. We often find issues that other lawyers might miss. You probably would not use a real estate attorney to defend you in a murder trial, for example, and the real estate attorney would be the first to concur. Regardless of what you decide, you must be comfortable with the attorney you choose. If you are at the crossroads of deciding whether to appeal, you have already lost once and your remedies are running out. Can I withdraw my appeal once I have started the process? Yes, you can, but we strongly suggest you discuss all ramifications of this action with your counsel.