Plano Criminal Appeals Lawyer
Were You Wrongfully Convicted of a crime? Our criminal appeals Team Can Help!
Here in Texas, law enforcement and the court systems take criminal charges very seriously, and will often dedicate themselves to reaching a conviction. Unfortunately, in many cases, individuals may be wrongfully convicted of crimes which they did not commit. If this has happened to you, it is very important to know that you can appeal your case with the help of a Plano criminal defense lawyer.
At Rosenthal Barbieri, we have more than decades of experience and are dedicated to helping individuals like you in tricky situations throughout Plano. When you trust us with your case, you can count on us to provide you with quality representation and sound legal guidance.
The appeals process is often very lengthy, and the steps involved typically include the following:
- We review all of the records and documentation of your trial to find any errors.
- We put together a report on our findings and file it with the court to compel the judge.
- The state looks over the report in order to evaluate the argument and may check its validity.
- The state will respond to our firm’s report, informing us of whether we can take the next step.
- The Court of Appeals will look over all of the information and put forth a final decision.
It’s important to note that there are time limits for filing an appeal in Texas that are governed by the Texas Rules of Appellate Procedure. The law allows 30 days after a conviction for appeal in state court. The allotted time period for a federal court appeal is only 14 days. These deadlines are strictly upheld, so it’s crucial that you contact a Rosenthal Barbieri criminal appeals attorney promptly before you miss the opportunity to challenge your case.
Experienced And Compassionate Plano Criminal Appeals Attorney
If you choose to explore the appeals process, our entire team is here to represent your rights aggressively. Our firm’s top priority is to work directly with you to put together a case which is based on solid evidence and will be compelling. We truly care about achieving a positive outcome in your case. We welcome the opportunity to discuss your unique situation with you in a complimentary case evaluation with our Plano criminal appeals attorneys!
We encourage you to call 972-424-1902 today to schedule your complimentary consultation.
How the Criminal Appeal Process Works
An appeal can’t be filed just because a defendant is unhappy with the outcome of their trial and wants another chance to re-argue the case. The criminal appeals process can be initiated only when a wrongful conviction occurred because of a blatant error in the procedures of the trial court which prohibited an accurate judgment. These type of errors can include:
- Exclusion of pertinent evidence and relevant testimony
- Inclusion of inflammatory and prejudicial evidence
- Prevention of opportunity for defense counsel to cross-examine or provide rebuttal evidence or testimony
- Application of the wrong penalty provisions that results in inappropriate sentencing
Problems with the jury can also be raised in the argument for an appeal, including these situations:
- Incorrect instructions were given to the jury that failed to ensure the law was applied fairly
- Misconduct of jurors that swayed fair jury deliberation
- Jurors who had a bias against the defendant which prevented a fair trial with an impartial jury
Generally, there are two ways to proceed with an appeal in Texas and federal criminal courts. One is through a direct appeal, and the other is with a writ of habeas corpus.
A direct appeal is the most common form of appeal, and it must begin within 30 days after judgment. It’s based only on the records of the clerk and transcript of the court reporter. No new facts or evidence can be considered in a direct appeal. A criminal appeals lawyer prepares and files a brief that outlines the issues in dispute and the arguments in support of the appeal. Once this is filed, the prosecution has 30 days to file their own brief to disprove the defendant’s case for appeal.
The appellate court reviews the briefs written by both sides and determines if an oral argument should be held, which only occurs when the court has questions about the applicable law in the case.
Following the oral arguments (if necessary), an appellate court judge presents a written statement of the court’s opinion. This final stage results in the case being remanded, upheld, or reversed. When the judgment is reversed, the case gets sent back to the trial court with instructions from the appellate court to take further action, such as:
- Modify or correct the judgment of the trial court.
- Reconsider facts and consider additional evidence.
- Resentence the defendant.
- Hold a new trial.
Writ of Habeas Corpus
A writ of habeas corpus can be implemented instead of a direct appeal or after losing a direct appeal. It’s used to raise issues that were not in the trial record and relate to the denial of a constitutional right from the improper handling of the case. Most applications for a writ of habeas corpus allege ineffective legal representation or a violation of due process.
With a writ of habeas corpus, you’re allowed to and should present new evidence, facts, and legal arguments to prove your rights were denied.
Answers to Common Questions About Criminal Appeal Cases
If you or someone you’re close to wants to pursue a criminal appeal, you likely to have many questions. We’ve listed answers to some questions we’re often asked below in order to provide a general understanding of the topics. For questions specific to your situation, call 972-424-1902 to schedule a consultation with one of our Plano criminal appeals attorneys.
How do I know if my criminal appeal will be successful?
No one can tell you whether an appeal may be successful until an appeals lawyer thoroughly investigates your trial record. Once the attorney has reviewed all pertinent documents, they will be able to give an opinion about your chances of winning an appeal. In some cases, your trial attorney will identify obvious appeal issues so your appeal lawyer can evaluate the case fairly swiftly. It’s more likely that an attorney will need to undertake an extensive review of the record to form a full opinion.
What if my trial attorney told me there are no good appellate issues in my case?
It’s always possible that your trial attorney was mistaken, so it’s wise to seek a second opinion from an appeal attorney who knows how to look for matters that someone else may fail to recognize. An experienced criminal appeal lawyer has a trained eye to analyze every possible aspect of your trial record and uncover any issues that were overlooked.
Can any attorney help me with my criminal appeal?
There are plenty of attorneys who claim to practice multiple types of law, but the appellate practice is a unique area of criminal law that requires an attorney who has knowledge and experience in its procedures, rules, and deadlines. Your best chance at a successful appeal is with a criminal appeals lawyer who knows how to properly investigate your trial record, identify errors, and prepare and deliver convincing arguments on your behalf.
How long does a criminal appeal take?
There is no one answer to this question since you’ll only know when your appeal is over. The criminal appeal process is prolonged, so you should be prepared for that. It’s reasonable to expect at least one year before a court issues a decision. The length of each appeal varies with each court system. The more complicated your case is, the longer it will take.
How many appeals can I have?
Each case is allowed only one appeal, but your appeal may go back and forth between different appellate courts in several phases. The complexity of the criminal appeal process is why it’s important to have qualified guidance from a skilled attorney.
What if I have more questions about my criminal appeal?
When it comes to crucial legal matters like criminal appeals, you can’t have all your questions answered without discussing the facts of your particular situation. You’d be best served by meeting with a Rosenthal Barbieri attorney who can listen to the details of your case, answer your specific questions, and determine if we can assist you.
Contact an Experienced Plano Criminal Appeals Lawyer Today
If you have been wrongly convicted of a criminal offense, you need the help of an experienced lawyer. You have a limited time to take legal action, so act immediately.
The legal team at Rosenthal Barbieri has the skills and experience to assemble strong appeals for our clients. We would like the opportunity to review your case in a free initial consultation and explain all of the options available to you. Don’t hesitate to call us at 972-424-1902 today.