If you have previously been convicted of a crime, you may have the right to appeal the decision on your case. When an appeal is filed, you are requesting that a higher court review the decision of the lower court. Contrary to what many people believe, an appeal is not just a request for a “redo” on your case just because you are not satisfied with how it turned out. Instead, you have to have a legitimate reason for filing an appeal. This reason could be a prejudice by the prosecutor or some type of error.
Appeal cases are fairly complicated and not allcriminal defense attorneys will handle them. If you have reached the stage of an appeal, this means that you have already been found guilty of a crime. This means you need an attorney who is willing to fight for you.
The Appeal Process
Your attorney must first find the error that occurred in your trial. After this, your attorney will file a brief with the appeal court explaining what went wrong in the lower court. In some situations, such as death penalty cases, there is an automatic process for appeals. However, in most situations, an appeal must be initiated by your attorney.
When the appeal court reviews the brief, they are only allowed to review the evidence that is on record in the lower court and the brief that was submitted. The government will have also filed a response to the brief your attorney filed. The court may allow both sides to make an oral argument before the court before making a decision.
When Should You File an Appeal?
If you want to file an appeal, you need to speak to your lawyer as soon as possible because there are time limits for filing. If you miss the deadline, you may lose the right to appeal your conviction. In addition, most jurisdictions require you to give formal notice of your intent to appeal. This means that you are required to let the court know in advance that you wish to file an appeal.
There are 14 appellate courts in Texas, and there are a number ofsteps required to file in the one that is assigned to your case. Appeals courts in Texas require you give notice that you plan to file an appeal and they consider both criminal and civil cases. The appeal arguments are heard by a three-judge panel.
After your attorney files a brief, the government will also file a brief in rebuttal. The appeals court will then schedule the oral hearing. If your appeal is successful in appeals court, your case will be sent back to the trial court so they can amend their ruling to match the decision of theappellate court. In some situations, the trial court will dismiss the case entirely.
Get Help for Your Texas Criminal Appeal
The appeals process is complex and should never be attempted alone. If you have been convicted of a crime and want to appeal your case, contact the attorneys atAbel Law Firm today to schedule a consultation.