Appellate Law: Chicago Attorney for Appeals in State or Federal Court

Criminal and Civil Appeals

Do you have a reviewable legal issue in a conviction, penalty or other matter that opens the door to filing an appeal? As a committed and dedicated advocate for justice, Attorney R. Tamara de Silva represents clients that have suffered a miscarriage of justice. Any appeal requires extensive research, a strategy, and appellate court argument preparation. As this is a difficult process, there are far fewer law firms or lawyers that are involved filing appeals, especially in federal court. In order for the Court of Appeals to rule in your favor, the case must be presented with the highest level of written and oral advocacy-and a thorough understanding of the appellate process, the appellate court and how to present a case with a chance of success in a ruling. Successfully written and persuasive appellate briefs, particularly in complex areas of the law like civil rights and criminal law, which involve Constitutional matters, require an enormous investment of time and preparation. Effective appellate practice is one of the most cerebral areas of litigation and it requires the highest level of written and verbal communication skills.

How the Appeals Process Works

Any party who has lost a case in state or federal court is entitled to file an appeal. The time frame in which you have the right to file is restricted, and if you have been the victim of a miscarriage of justice, it is important that you contact an attorney immediately. In order for an appeal to be successful, the "appellant" (person filing the appeal) is required to show that there was a significant error in the case that impacted the verdict. These errors could be related to prosecutorial actions, jury misconduct, or a misapplication of sentencing guidelines or other matter. The appellate court does not allow other witnesses or new evidence, but is interested in the actual court record of the case that was lost. A court decision can only be overturned based on the facts of the case when it is fully established and proven that the factual grounds in the case were clearly erroneous.

The appeals court is made up of a panel of 3 judges. These judges review written arguments submitted to them, called a "brief." The clarity and presentation of the brief is extremely important with regard to the outcome of an appeal. The judges review the matter presented in the written argument to come to a decision about whether the errors found in the trial or other part of the case, in their opinion, impacted the case outcome. There is also an opportunity for an oral argument to the panel. This is a formal discussion between the attorney filing the appeal for the client and the panel of judges, in which the legal principles are discussed, and why the attorney believes the errors are significant. These presentations are usually fairly short, about 15 minutes in length. It is extremely important if you are going to embark on the appellate process to obtain the very best appeals attorney to present your case in an oral argument. At the conclusion of the appeal, if it is successful, can mean a case is overturned, or the case could be sent back to the trial court in which the original decision was made.

Attorney R. Tamara de Silva is an experienced federal appellate lawyer. Her recent oral arguments were showcased to be heard as a Federal Bar Association event. Recognized as a talented litigator, she offers her services in civil and criminal appeals to those who have been wrongfully convicted, lost a case due to a misapplication of a fundamental legal principle, or are the victim of any wrongful conduct in the trial that led to a loss in court. Other law firms call upon Ms. De Silva to assist in appeals, and you can contact her directly at her firm for assistance. With extensive trial experience, the Chicago lawyer has garnered a reputation as an effective appellate lawyer in criminal law, and civil rights cases, among others. She is admitted to practice to the U.S. Court of Appeals for the Seventh Circuit, as well as the U.S. Supreme Court.

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