Ask a Lawyer and Get Answers to Your Legal Questions
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.
I'm sorry, you ask "do I need an attorney" and then in the next sentence you state "I know that I need an appeals attorney". Since this is a direct contradiction I need to be sure I understand what you are asking.
Can you explain?
You can file the notice of appeal yourself, but you should really hire an attorney as quickly as possible because they may want to file a Motion for New Trial or something else. Occasionally it is necessary to file a motion for new trial to preserve error on a point. Without making it too confusing, for an appeals court to consider an issue a trial court must have been given a chance to correct any mistakes it was making. That's one reason it is necessary to make objections, etc. There are a few things that could have been overlooked at trial that could have been overlooked at trial that could be remedied by filing a Motion for New Trial. You can also get more evidence before the Court of Appeals by attaching it to a Motion for Ne Trial, if the evidence wasn't presented at the trial level.
In addition, filing a Motion for New Trial will also give you additional time to file the appeal.
So, the answer to your question is yes, you can file the notice of appeal but you should go ahead and hire the attorney for appeals or have the trial attorney at least consider submitting a Motion for New Trial.
If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.
You're very welcome.
Please don't forget to leave a Positive Rating so that I get credit for my answer and also so that the question locks open and will no longer time out.