The Texas Appeals Process
An appeal is not a new trial but a legal proceeding where a higher court reviews the decisions made by the trial court to determine if legal errors affected the outcome. The appellate court examines the trial record, including transcripts and evidence, to assess whether the law was applied correctly.
In Texas, the appeals process generally involves the following steps:
- Filing a Notice of Appeal: This must be done promptly after the conviction, usually within 30 days.
- Preparing the Appellate Brief: A written argument that outlines the legal errors that occurred during the trial.
- Oral Arguments: In some cases, attorneys may present their arguments in person before the appellate judges.
- The Appellate Court's Decision: The court may affirm the conviction, reverse it, or remand the case for further proceedings.
Navigating this complex process requires a knowledgeable Georgetown appeals attorney who can advocate effectively on your behalf.
Common Grounds for Appeal
Not every unfavorable outcome is grounds for an appeal. Valid reasons to appeal a conviction may include:
- Legal Errors: Mistakes in applying the law, such as incorrect jury instructions or improperly admitted evidence.
- Insufficient Evidence: Arguing that the evidence presented at trial was not enough to support a guilty verdict.
- Ineffective Assistance of Counsel: Demonstrating that your trial attorney did not provide adequate representation.
- Juror Misconduct: Instances where a juror behaved inappropriately, potentially affecting the verdict.
- Prosecutorial Misconduct: Actions by the prosecution that violated your rights, such as withholding exculpatory evidence.
The Importance of Timeliness
Time is of the essence in the appeals process. Missing filing deadlines can forfeit your right to appeal. It's crucial to act quickly by consulting a Georgetown appeals attorney who can ensure that all necessary documents are filed promptly and correctly.
Frequently Asked Questions: Appeals
Can new evidence be introduced during an appeal?
Typically, appeals are limited to the trial record, and new evidence is not considered. However, there are exceptions in certain circumstances, such as when new evidence emerges that could not have been discovered earlier with reasonable diligence.
What are the possible outcomes of an appeal?
The appellate court may:
- Affirm the Conviction: Agree with the trial court's decision.
- Reverse the Conviction: Overturn the verdict due to significant legal errors.
- Remand the Case: Send the case back to the lower court for a new trial or sentencing.
Does filing an appeal stay my sentence?
Filing an appeal does not automatically halt the execution of your sentence. A separate request must be made to stay the sentence pending the outcome of the appeal.
To learn how we can assist with your criminal appeal, call (512) 961-4555 or contact us online.
A Proven History Of Success
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Case Dismissed Felony Drug Possession
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No Charges Filed Aggravated Assault with a Deadly Weapon
We represented a woman under investigation for aggravated assault with a deadly weapon and assault family violence. By demonstrating she was actually the victim and providing key evidence to authorities, we prevented any charges from being filed against her.
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Case dismissed Assault Family Violence
We represented a young man charged with assault family violence. By acting swiftly and conducting our own investigation, we achieved a dismissal of his case in under six months.
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No felony charge; Zero jail time DWI
We represented a client facing potential felony DWI charges due to prior convictions, along with a criminal mischief charge and a probation revocation. We helped him avoid felony charges and a criminal mischief conviction, and he served no jail time.
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Case dismissed Leaving the Scene of an Accident
We represented a person charged with leaving the scene of an accident. After reviewing the evidence, working with the client, and meeting with the prosecutor we were able to secure a dismissal.
a Georgetown Appeals Lawyer Can Help
At Winters & Chidester, we bring a wealth of experience to the appellate process. Our team is committed to examining every aspect of the trial to uncover errors and legal issues, crafting compelling appellate briefs that persuasively argue the case, and presenting clear and convincing arguments to the appellate judges. If we take on your appeal, we will keep you informed at every stage and tailor our approach to your specific needs.
A conviction doesn't have to be the end of your story. Let us help you pursue justice through the appeals process. Contact our team today!
