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Appeals

If your legal case resulted in an unjust outcome due to a legal error, you may have the option to appeal the decision to a higher court for further review.

A judgment against you does not need to be the end of the line. The Burnham Law appellate attorneys can help review your case – either criminal or civil – to determine whether an upper court review may result in a more positive outcome. If we determine your case to be eligible for an appeal, we will prepare all the required paperwork on your behalf. Our mission is to secure the kind of case result you need in order to move forward with your life. 

What Types of Appellate Cases Do You Handle?

We handle criminal, civil, and family law appeals.  Regardless of the complexity of your particular case, we are confident in our abilities to assist you with appealing your case’s verdict or ruling. 

When is an Appeal Allowed?

Appeals are not a viable option for every court case. Appeals are based on a legal error or some sort of egregious lapse of correct judgment during a case. You typically cannot appeal a case simply because you did not like the outcome. You will have to work with your appellate lawyer to determine that a legal error was made before appealing the case to a higher court.

An appeal is meant to correct a “reversible error” made by a lower court. A reversible error is a mistake that could have been prevented if the court, its judge, or its jury had properly followed the accepted court rules and proceedings.

Who can file an appeal? 

  • Criminal Case: The defendant can appeal a guilty verdict. The prosecution cannot appeal a not guilty verdict.
  • Civil Case: Either side of the case can file for an appeal. This applies to personal injury cases, family law cases, and anything else handled in a civil courtroom.

What are the Potential Outcomes of an Appeal?

When reviewing a case, an appellate court can conclude the appeal by:

  • Reversing a decision: An appellate court can reverse erroneous decisions made by lower courts, effectively undoing part or all of the preexisting order.
  • Dismissing a case: An appellate court may rule to dismiss a case entirely, erasing it and any of the legal consequences it had caused.
  • Requiring a retrial: Higher courts can also send appealed cases back down to lower courts for retrials. During a retrial, the case is handled as if it was never brought to court. It is a complete do-over.

Whether you are looking to reverse a mistake that occurred during trial or are seeking an affirmation of an existing decision, our expert litigators can handle the full range of pertinent tasks, including:

  • Trial analysis — During or post-trial, we can analyze testimony, evidence, and rulings to prepare for potential appellate issues. Our background and legal knowledge give us the ability to identify potential grounds for appeal that other lawyers may fail to notice.
  • Legal research — Our firm has the resources to conduct thorough research to build a persuasive, comprehensive, and well-supported argument.
  • Brief writing — Strong legal writing is the most important aspect of appellate advocacy. We draft clear, effective briefs with coherent explanations of the pertinent facts, statutes, and legal precedents.
  • Oral argument — Before the Colorado Supreme Court or the Court of Appeals, our attorneys are expertly prepared to make compelling oral arguments and answer judges’ questions.

You may also be able to appeal the decision of an appellate court. If you are dissatisfied with how your appeal was handled, contact an appellate lawyer about your options.

How can we help?

We have your back.

Speak with our experienced legal team who inspire, inform, and work hard to win for you.

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Aaron
Belzer

Managing Partner - Civil Litigation

Boulder

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