Being convicted of a crime can be a life-altering experience. However, this does not have to be the end of the road. You have the right to challenge a verdict or sentence through the appeals process. Since this is a difficult road ahead, you need legal help.
What is the role of a Texas criminal defense attorney in the appeals process? Let’s see how having a lawyer by your side can make a difference in these situations.
The Appeals Process in Texas
When someone appeals a criminal conviction, they ask a higher court to review the decisions made by the trial court. An appeal focuses on the trial record to see if any mistakes were made during the trial.
Here is what a Texas criminal defense attorney can do for your case:
Review Your Case for Appeal
The first step is reviewing your case. They need to see if there are valid grounds for an appeal. Unfortunately, not every conviction can be appealed. There must be specific legal errors, such as:
- Incorrect jury instructions
- Prosecutorial misconduct
- Ineffective assistance from the previous counsel
- Violations of your constitutional rights
They need to show that these mistakes may have influenced the jury’s verdict or led to an unfair sentence.
File the Notice of Appeal
After that, they must file a notice of appeal with the right appellate court. In Texas, this must be done within 30 days after sentencing. Missing this deadline can mean losing your chance to appeal. This step officially starts the appellate process.
Build a Strong Appellate Brief
This brief is one of the most important parts of the appeal. The document outlines the legal arguments supporting your case. Also, it explains why the conviction or sentence should be overturned. The appellate court relies heavily on this brief when making its decision. Your attorney needs to present a clear, persuasive argument on your behalf.
Present Arguments
In some cases, the appellate court may schedule oral arguments. During this time, your lawyer presents your case in person before a panel of judges. This is their opportunity to:
- Emphasize the main points from the appellate brief
- Respond to the judges’ questions
- Address any concerns from the court
Prepare for a Decision
After presenting your reason for an appeal, you will have to wait for a decision. There are several outcomes, such as:
- Affirmation of the conviction that upholds the original verdict and sentence
- Reversal of the conviction
- Remand for a new trial or resentencing
If the appeal does not go in your favor, your lawyer will work to file a new appeal based on another argument or take it to a higher court, such as the Texas Court of Criminal Appeals.
Exploring Other Post-Conviction Options
Along with filing an appeal, your legal counsel may explore other post-conviction options to help your case. This might include:
- Filing a motion for a new trial
- Seeking a sentence reduction
- Filing a habeas corpus petition to challenge unlawful imprisonment
By considering all available legal avenues, your attorney works to reach the best possible outcome for your situation.
Get Experienced Legal Assistance for Your Texas Criminal Appeal
What is the role of a Texas criminal defense attorney in the appeals process? These legal professionals work to protect your rights and seek justice after a criminal conviction. They are there to guide you through every step of the process. And you want to have a lawyer with the skills and knowledge to help you throughout this time.
A skilled attorney doesn’t just know the law; they also know how to tell your story in a way that resonates with the appellate judges. With an experienced lawyer working on your case, you have the best chance of achieving justice.
At the Law Office of Kerrisa Chelkowski, we can support you throughout the appeals process. Contact us today to schedule a consultation so we can start a thorough review of your case.