Appeals Attorney in Raleigh, NC
Fighting for Justice After Wrongful Convictions
You have the right to receive a fair trial, but too often, unfair, unethical, or even illegal practices and decisions lead to a wrongful conviction. If you were convicted and sentenced to a crime, you may feel there is nothing left for you to do. However, your case may not be over as you have the Constitutional right to appeal your conviction. When you need an appeals attorney in Raleigh, the Law Offices of J.M. Kotzker, P.C. is on your side. We are dedicated to achieving fair outcomes for our clients in both state and federal cases and will fight to uphold your rights as we work to get your conviction overturned and ensure that justice is served.
Your Right to an Appeal
Following your conviction and sentencing, you have the right to file an appeal to a higher court, asking for a review of the decision. An appeals attorney will submit a written notice with the court and request a transcript of the trial from the court reporter and will use this to prepare the Record on Appeal. In this document, your lawyer will note legal errors or issues of concern that affected the outcome of the trial.
The Court of Appeals will assign a panel of three judges to review the case, reading the Record on Appeal and associated briefs prepared by the appellate lawyer. In rare circumstances, the panel will hear arguments from the appellate prosecutor and defense attorney. After reviewing information and listening to arguments when applicable, the Court of Appeals will rule to maintain the existing conviction or will rule in favor of the defendant, ordering a new trial, a new sentence, or reversing the court’s decision completely.
Grounds for Appealing a Conviction in NC
In order for the appellate court to find in favor of the defendant and overturn the conviction, they must determine a prejudicial error occurred to prevent the defendant from receiving a fair trial. This includes:
- Evidence brought against the defendant was gathered illegally;
- Inadmissable evidence submitted from the prosecution was allowed by the original court;
- Admissible evidence from the defendant was not allowed by the court.
- The conviction violates the United States Constitution or The Constitution of North Carolina
Working with an Appeals Attorney
The path to appealing a conviction and having it successfully overturned is challenging and complicated. An in-depth knowledge of criminal law and Constitutional rights is necessary to fight back against an unlawful conviction and the motions and briefs needed to appeal require strict adherence to legal protocol and deadlines.
Having an experienced, dedicated appeals attorney on your side is essential to improving your likelihood of a favorable outcome. At The Law Offices of J.M. Kotzker, P.C., we are dedicated to seeing justice carried out and we will battle zealously to ensure your Constitutional rights are protected and upheld. We have successfully assisted many of our clients in securing fair outcomes and will fight on your behalf as well. From our strategic methods of finding bias and prejudice in trial to drafting comprehensive amicus briefs, our team’s highest priority is securing your justice and freedom.
Traffic Ticket Appeals
In addition to criminal convictions, our appeals lawyer will also assist you with appealing misdemeanor traffic tickets and moving violations in North Carolina Superior Court. This includes:
- Speeding over 15mph
- Speeding in a school or work zone
- Reckless driving
Schedule a Free Consultation with an Appeals Attorney in Raleigh
Our appeals attorney represents clients in Raleigh, Durham, Chapel Hill, and the surrounding area. For a free case consultation, reach out to us today at 919-439-5104 or fill out our contact form to get started.
Dedicated Legal Counsel
Our determined legal team has helped individuals and families with thousands of traffic ticket and criminal cases and assisted countless others with their differing legal needs. Serving clients throughout The Triangle of Raleigh, Durham and Chapel Hill, we fight aggressively to help those in need. We offer a free consultation and affordable rates to help you pursue the just outcome you deserve.