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I am prepaired to pay for an appeals attourney. well 10 grand to retain and payment plan...

Victorville, CA |

However I want an appeals attourney who will win. I was told that it is an automatic denial fo the first appeal. Why would I pay for an automatic denial?? Can someone please explain the process and maybe refer me to someone who I can hire??
Please
jeniel Addington

Attorney Answers 7


  1. Appeals attorney for what? You shouldn't hire an appeals attorney and pay them $10K to start! You should hire someone to look over the documents and give you their opinion. Then, if they feel that there is a good reason to appeal they can put the money you paid towards your appeal.

    You should always hire an attorney in stages that way you don't pay someone for an appeal that will likely get denied!

    If you have any questions, please feel free to call me.

    Elliot Zarabi
    www.zarabilaw.com
    213-612-7720


  2. No lawyer can guarantee a win in any appeal. Typically the process is that you hire an attorney to review the trial transcript in its entirety and to discuss with you the potential appeallable issues. You can then hire the attorney to write the appeal or seek a second opinion.

    All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com


  3. You need to review the Avvo section for attorneys in your area who handle appeals, talk to a few and hire one that meets your needs and answers your questions.


  4. This applies to appeals in general, not specific as to criminal, civil or other appeals. When you are told an appeal will likely be denied, that is a statistical probability, since the vast majority of trial court judgments are upheld on appeal. Nobody can or should guarantee the success of any appeal, and, regardless of how meritorious you may believe your particular case to be, you face long odds against any success. Appellate attorneys work from the written trial record, spend countless hours in preparation, and, despite the odds, do sometimes prevail. It is against this background that the client must consider the time and expense of pursuing any appeal.


  5. All you had to do was put 10 grand in your title question and watch those attorneys begin to circle!!!


  6. It is not true that the first appeal is automatically denied. I have won numerous appeals on the first appeal and, in fact, that is where the majority of appeals are won.

    The first thing you need to know about an appeal is that you have to file a Notice of Appeal on time, 60 days from sentencing for a felony conviction. If you miss that deadline, you are out of luck and have only the limited option of a writ of habeas corpus remaining.

    Finally, it is foolish to offer ten thousand dollars without knowing what you are paying for. An appeal can cost much less than that or much more, depending on the case.

    Feel free to contact me if you want to discuss your case.


  7. I agree in large part with the other answers. In criminal appeals about 95 percent of cases are denied, or do not get a favorable result. That should not, necessarily, impact your decision about whether or not to appeal. Your case could be part of the five-percent that is successful.

    Since you do not discuss any facts, or potential issues, it is impossible to even begin to evaluate your case. No attorney, including an appeals attorney, is going to be able to tell you that your case is a 'winner.' Just as certainly, no honest attorney is going to quote you a price, or agree to a price (unless, perhaps, he/she knows it to be significantly more than the case is worth,) without a review of the case, and the record on appeal.

    I have been doing criminal defense for 35 years and criminal appeals since 1987. If you would like a free consultation do not hesitate to contact me 530-778-3887, or through my website www.JamesDipperyLaw.com

    Although I am an experienced CA criminal defense and appeals attorney, I can not 'guarantee' that my answer is entirely accurate, since I have not reviewed all of the factual circumstances of the case, nor have I discussed those circumstances fully with the questioner. The fact that I have answered this question does not establish an attorney client relationship between the questioner and my self or my office.

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