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Appeals in South Carolina

Challenging decisions with diligence and expertise to ensure justice is fully served.

If your trial did not provide you with your desired result, you have the right to appeal your case and may be able to get your conviction or judgment reversed or remanded back to trial court for another try. Put the experience of Winslow Law, LLC to work for you on your appeal and ensure the best possible outcome.

Put the experience of Winslow Law, LLC to work for you on your appeal and ensure the best possible outcome.

There are several levels to the appellate process, often providing several opportunities to challenge your case. However, appeals are not tried like the original case and appellate courts demand precise and articulate arguments backed by solid legal research and precedence. Appellate briefs (the documents filed to make an appeal) may be lengthy and time-consuming to prepare. Before filing an appeal, your attorney must analyze your case to determine which issues have merit on appeal and are likely to result in a decision in your favor.  After submitting the brief Oral Arguments may occur in front of a panel of Judges (or Justices).  This process may occur at the Appellate level, SC Supreme Court Level, and/or possibly the US Supreme Court Level.

Winslow Law, LLC has years of experience preparing, filing, and arguing appellate cases. We understand how appellate court judges make their decisions and are committed to doing the research and preparation required to make the best presentation of your appeal possible. Winslow Law, LLC is also extremely comfortable and talented in making oral arguments before the appellate judges if they require them to be done.

 

FAQ's: Appeals in South Carolina

How long do I have to file an appeal in South Carolina?
In South Carolina, the timeframe to file an appeal depends on the type of case. For most civil and criminal cases, you must file a Notice of Appeal within 30 days of the final judgment or decision. For certain administrative cases, this timeline may differ. It is crucial to act promptly, as missing the deadline can result in losing the right to appeal. Winslow Lawyers can help you determine the exact timeline for your case and ensure all deadlines are met.
Can I introduce new evidence during the appeals process in South Carolina?
No, the appeals process does not allow for the introduction of new evidence or testimony. Instead, appellate courts review the trial court's proceedings to determine if any legal errors were made that could have affected the outcome of the case. Winslow Lawyers thoroughly analyze trial records, transcripts, and legal arguments to identify any grounds for appeal and advocate for a fair review of your case.
What are the possible outcomes of an appeal in South Carolina?
When you file an appeal in South Carolina, the appellate court can take one of several actions:

-Affirm the decision: The court agrees with the original ruling and upholds it.
-Reverse the decision: The court disagrees with the original ruling and overturns it.
-Remand the case: The court sends the case back to the trial court for further proceedings or a new trial.
-Modify the decision: The court changes part of the original ruling.
Winslow Lawyers provides a clear explanation of these potential outcomes and their implications, ensuring you are fully informed throughout the process.