Appeals Attorney in Temple Questioning the Outcome, Appealing Mistakes Regarding Serious Criminal Charges in the Courtroom
Even with the best defense strategies, evidence, and good intentions, criminal cases can result in conviction of the charges against you. It’s a matter of the prosecution’s case and the judge and jury’s decision in making a final determination based on the facts presented during the trial.
However, this is not to say that mistakes aren’t made in cases when deciding on penalties and sentencing. This is why the appellate or appeals court and process exist—to help affirm a decision or reverse it through the appeals process.
Suppose your criminal case results in an unfavorable conviction at the close of your trial. In that case, you have the right to appeal the decision with the help of an experienced criminal defense lawyer.
Barina Law Group will enter a motion for retrial after filing a notice of appeal. The Texas Rules of Appellate Procedure determine the Texas criminal appeals process. The goal is to present the facts and law to the appeals court to revise the trial court’s decision and reconsider the charges.
This complicated process requires an experienced appeals attorney like Barina Law Group. If you are not happy with the outcome of your case, contact us today at (254) 323-5506.
What is a Criminal Appeal?
A criminal appeal is a request by a convicted person—with the help of a criminal defense lawyer—asking the appellate court to review and change the lower court’s decision. A defendant has the right to challenge their conviction or the sentence and penalties.
With an appeal, you ask the higher court to re-review the lower court’s decision and confirm or rebuke that the outcome was just or unfair based on the evidence and facts presented throughout the case.
The most common grounds for an appeal of a criminal conviction include improper admission or omission of evidence, errors, insufficient evidence, ineffective assistance of counsel, jury misconduct, or abuse of discretion by the judge.
To reverse a decision, our attorneys must prove that the trial court made a legal mistake that caused you harm. This process has more to do with proving a mistake was made by the court, which demands a highly experienced criminal defense attorney who is up for the challenge and has the chops to build a convincing case.
Criminal appeals aren’t an easy feat; the Barina Law Group aims to succeed to the best of our abilities and experience with the appellate court and the appeals process. Contact our criminal defense team to get started if you need to pursue a criminal appeal.
What Types of Appeals Are There?
A convicted person with a misdemeanor charge or felony charge can appeal a conviction. Criminal crimes can be less severe such as traffic violations or petty theft. However, the appeals process is more commonly used to challenge profound beliefs with significant penalties such as life in prison or the death penalty.
Examples of misdemeanor cases that might warrant an appeal could be driving while intoxicated, possessing dangerous drugs, aggravated assault, sexual assault, and more. Our attorneys will help you determine if an appeal makes sense for your particular case based on our experience and if it will result in a different outcome.
Note that a court of appeal does not decide guilt or innocence as the verdict has already been decided. Instead, the appellate court reviews a judgment to determine if there is any evidence to support the initial outcome of the trial. It is a “legal sufficiency review.”
From misdemeanors to serious felony charges, our criminal defense attorneys will examine your case and deploy the best legal strategies to help you succeed. Schedule an initial consultation with Barina Law Group to see how our experience and results can make a difference in your case: (254) 323-5506.
How Does the Appeal Process Work?
Once you’ve identified a need for an appeal after the conclusion of your case, our attorneys can get the ball rolling regarding a request.
The appeals process starts with a basic explanation using a notice of appeal telling the court you want to appeal the decision, what you are demanding and which appellate court will hear the appeal itself. This step must happen 30 days after your sentencing.
After an appeal is filed, we will file an appeals brief. The state of Texas has an opportunity to file a response, and after this step is completed, the case is ready to be reconsidered by the court. Once the process starts, this is an opportunity for the appeals court to review the case record to identify errors in the first trial, including reexamination of the records made by the court clerk and court reporter.
An appeals trial is not for new witnesses, documents or affidavits, or any additional presentation of evidence. This is not a new trial. Our attorneys will make oral arguments to the court, prompting reconsideration of the first trial’s conclusion.
The judge will issue a written opinion regarding decisions in the first trial and whether they stand. In all, the appeals process is meant to review the final verdict of the original problem and is a legal “gut check” to see if the existing evidence supports the outcome—or doesn’t.
What if the Appeal Doesn’t Work?
Suppose the appellate court denies the appeal or chooses not to reverse the initial decision of the trial. In that case, our criminal defense lawyers can file a motion 15 days after the last appeals trial to ask the court to rehear the case again.
There are specific requirements for a second appeal, and a petition must carefully describe why the case should be reconsidered. This is an opportunity for our lawyers to creatively present a different perspective to prompt the court to grant the motion.
If your case has enough substance in that mistakes were made, there was a lack of evidence, or another reason to challenge your final sentence, a second appeal to the appellate court is worth the time.
The Texas Court of Criminal Appeals is the last resort. If the judge denies the petition, your case will not move forward in the court system, and the sentencing from the first trial will be final. If the petition is approved, the judges agree to an appeal and will consider our argument and the prosecution to reconsider the judgment.
Barina Law Group and our attorneys give our clients complete transparency and ensure we help you understand the possible outcome of every situation, including an appeal-especially if there’s more than one. Your voice will be heard, and no final decision will be made without your authorization, guided by our legal advice and recommendations. Schedule your initial consultation with our attorneys to discuss your appeal case: (254) 323-5506.