Most people struggle to understand their appeal rights. They know that those convicted of crimes may have the right to ask for a review by the courts, but they do not understand what that process entails. They may not even understand when an appeal is possible.
An appeal is a legal process in which an appellate court reviews the procedures of a lower court or other details about the case to determine if the situation conforms to current best practices. In scenarios where there are major issues with criminal court proceedings, defendants may be able to pursue an appeal with the help of the right attorney. What circumstances may warrant an appeal under current Texas statutes?
1. Legal and procedural errors
Many appeals involve allegations of legal mistakes in the lower courts. If a defendant did not receive appropriate due process, that could have compromised the fairness of the trial.
If a judge erred when interpreting the law or applying existing judicial precedent to the case, that could also provide the basis for an appeal. The appellate courts can review what occurred in the criminal courts and determine if procedural mistakes or legal errors led to an unfair outcome.
2. Ineffective assistance of counsel
Defendants may struggle to fully understand criminal statutes and criminal proceedings. They rely on their attorney to educate them about the process and guide them at every stage of the trial.
If an attorney has a conflict of interest, proves incompetent or struggles with substance abuse, the guidance and advocacy they provide their client may not meet current professional standards. When a defendant can credibly claim that a competent attorney could have achieved a better outcome, they may have grounds for an appeal.
3. Constitutional violations
In some cases, criminal cases can be appealed if a defendant’s constitutional rights were violated. Perhaps police officers conducted an inappropriate interrogation after failing to provide the Miranda warning. Maybe they conducted an illegal search of private property. When there is reason to believe that law enforcement professionals, court officials or prosecutors may have violated the constitutional rights of a defendant, that can provide the basis for an appeal.
There are other potential grounds for appeals in certain cases, such as sentencing errors involving deviations from state statutes. Defendants hoping to pursue justice after an unfair conviction or sentence may need help evaluating their options. Discussing a recent trial with an attorney experienced in the criminal appeals process could help defendants continue their fight for justice.