Get on the path to resUlts today.
Get on the path to resUlts today.
Appeals of criminal matters can be an appeal from District to Superior Court, an appeal from Superior to the Court of Appeals, the Court of Appeals to the North Carolina Supreme Court or an appeal to the 4th Circuit Court of Appeals (Federal) or from the 4th Circuit to the United States Supreme Court.
At Remington Locker Law Firm, PLLC we only choose to focus on North Carolina
state criminal cases and we can assist with all state appeals.
Please take special note of the fact that in North Carolina, ALL notices of appeal in criminal convictions must be given within ten days of final judgment.
This is not negotiable and it cannot be waived by any party. The appellate courts are rigorous in enforcing this and a notice given after ten days will not be valid and any attempt to have the case reviewed by the appellate courts has failed.
An appeal from District Court means that you are appealing de novo. This means that your District Court case doesn’t matter at all and the judgment of the District Court cannot be enforced. The only element of the District Court case that can follow you besides the charge itself is the testimony of the individuals in court.
While the Criminal Division of District Court is not a court of record (meaning that there is no record of the proceedings beyond the orders entered by the judge), the testimony of the witnesses can still be referenced in Superior Court if either side desires to question a witness on prior sworn testimony. An appeal from District to Superior means that you are likely wanting a jury trial and the experienced trial attorneys at Remington Law Firm, PLLC can handle that with you as we have many before you.
Taking a case to the Court of Appeals involves an appeal of the law in your case. Unlike an appeal from District to Superior Court, this appeal will not involve witnesses, testimony, or any chance to offer new evidence or facts. An appeal to this court means that you are arguing that there were errors of law made by the judge or the legislature (in enacting the law used in your case). These cases are tremendously labor intensive in that there is a lot of research and writing involved. Appealing from the Court of Appeals to the North Carolina Supreme Court involves the same type of work
referenced in the last paragraph.
Due to the intensity of labor involved in such cases, they can be tremendously expensive. One way to avoid that is to order the trial transcript from the court reporter in the court where you believe the error occurred. When you receive it, the attorneys at Remington Locker Law Firm, PLLC can discuss what it will cost to review the transcript for errors and determine if there is an appeal they believe could possibly lead to success. Whether we recommend it or not, a fee for the entire appeal will be quoted at that time along with our recommendation of whether you should pursue the appeal.
Writing and arguing appeals can be a tremendously difficult task. Trial lawyers have the vantage point of having been in the arena many times and seen (and possibly done) the same errors before.
Let the trial lawyers at Remington Locker Law Firm, PLLC bring that same fighting spirit to paper that we bring to the courtroom. There's much to see here. So, take your time, look around, and learn all there is to know about us. We hope you enjoy our site and take a moment to drop us a line.