I lost at trial, but some of the things that happened at trial were wrong. I want to appeal, but my law tells me that I have ten days to as the judge to correct anything that happened during the trial or sentencing that was wrong. My lawyer said it is called a post trial motion. Why would I file that instead on an appeal? This judge hates me, there is no chance of me winning and I just want to move forward to the appeal.
Some issues must be preserved in post sentence motions in order for you to be allowed to appeal. If you do not complain about the matter in the post sentence motion, when you file an appela the court will rule that the issue has been waived. When we are retained for appeals, we often see that many lawyers do not properly preserve the issues at post trial motions for appeals.
Additionally, even though you think the judge hates, the judge does not want to be overturned on appeal. If you write something in your post trial motion that causes the judge to think that they made a mistake, a judge will consider reversing themselves.
Labels: appeal, appeals, post sentence motions, post trial motions