Appeals Process in Oklahoma City: Criminal, Civil, and Will Contest Cases

Our appellate lawyers here at Oklahoma City Lawyers have years of experience with appealing may legal decisions. The process of getting an appeal in Oklahoma City is a critical component of the legal system. This offers a mechanism for reviewing and potentially overturning decisions from the lower courts. Whether you are dealing with a criminal conviction, an unfavorable civil judgment, or a dispute over a will, understanding how appeals work in Oklahoma can help you navigate this complex legal terrain.

Understanding the Appeals Process

Understanding the appeals process in Oklahoma County is crucial for those seeking to challenge a court’s decision. This process involves asking a higher court to review the lower court’s ruling for legal errors that could affect the outcome of the case. In Oklahoma, the appeals process typically begins by filing a notice of appeal within a specified timeframe after the judgment. The appellant must then prepare a written brief outlining the legal arguments for the appeal, often focusing on issues such as misapplication of the law or procedural mistakes. This is where our appellate lawyers would come in to prepare the documents for our client. 

The appellee, or opposing party, will also submit a brief in response. The court may hold oral arguments, allowing both sides to present their cases before the appellate judges. Ultimately, the appellate court will review the record of the lower court proceedings, the briefs, and any oral arguments. These will determine whether they uphold, reverse, or remand the case for further proceedings. Understanding each step of this process, including strict adherence to deadlines and procedural rules, is essential for a successful appeal in Oklahoma.

Criminal Appeals

In Oklahoma, if you receive a conviction of a crime and believe there was an error in your trial, you have the right to appeal the decision. Here are the key steps:

1. 1. Notice of Appeal: The first step is to file a Notice of Appeal with the court that issues the original judgment. This must be happen within a specific timeframe, typically 90 days from the date of sentencing. The exception to this is capital crimes, which can happen within 6 months from the date of sentencing. 
   2. Preparation of the Record: The trial court will prepare the record, including transcripts of court proceedings and relevant documents, which will be sent to the appellate court.
   3. Briefs: Both sides will submit briefs. The appellant (the party appealing) argues how and why the trial court made errors, while the appellee (the other party) argues why the decision should be upheld.
   4. Oral Arguments: In some cases, the appellate court may schedule oral arguments where attorneys from both sides can present their case.
   5. Decision: The appellate court will review the briefs and the record and make a decision. They may affirm the lower court’s decision, reverse it, or remand the case back to the lower court for further proceedings.

Civil Appeals

The process for appealing a civil case in Oklahoma follows a similar structure to criminal appeals, but with some differences:

1. 1. Notice of Appeal: You must file a Notice of Appeal within 30 days of the final judgment or order you wish to appeal.
   2. Record on Appeal: The appellant is responsible for ensuring the record, including all relevant documents and transcripts, is prepared and submitted to the appellate court. Hiring an attorney is highly recommended to help with this process. 
   3. Briefs: Similar to criminal appeals, both parties will submit briefs outlining their arguments. The appellant’s brief must explain why the lower court’s decision was incorrect based on legal principles and evidence. You cannot submit new evidence however, only evidence from the trial that shows the errors. 
   4. Oral Arguments: These may be scheduled at the court’s discretion, allowing for a more detailed presentation of each side’s arguments.
   5. Decision: The appellate court will issue a written opinion, which may affirm, reverse, modify, or remand the case.

While it is possible to take this on yourself, it’s easier to manage with a lawyer. Before you make a decision, you should have a consultation with an attorney to know your best options.

Will Contest Appeals

Challenging the validity of a will involves unique considerations:

1. 1. Initial Filing: If you believe there was an issue with how a will was executed or its contents, you can file a contest in the probate court. If the probate court rules against you, you can appeal to a higher court.
   2. Notice of Appeal: This must happen within a specific timeframe after the probate court’s decision, typically within 30 days.
   3. Record on Appeal: The record from the probate proceedings will be prepared, usually by an attorney you hire, which includes transcripts and prior evidence. However, introductions of new evidence is not permissible. 
   4. Briefs: Both parties submit briefs. The appellant argues that the probate court made an error, while the appellee defends the court’s decision.
   5. Oral Arguments and Decision: As with other appeals, the court may hear oral arguments before making a decision to affirm, reverse, or remand the case. 

Oklahoma City Appellate Lawyers

Navigating the appeals process requires a deep understanding of legal principles and meticulous attention to detail. Our experienced appellate lawyers are dedicated to providing comprehensive support and representation through every step of your appeal. Whether you are challenging a criminal conviction, a civil judgment, or a will, we are here to help you achieve the best possible outcome.

Contact us at Oklahoma City Attorneys – Kania Law today for a free and easy consultation by calling 405-367-8710. You can also reach us through our Ask A Lawyer page. We can guide you through the complexities of the appeals process in Oklahoma.