Richardson Appeals Attorneys

A guilty verdict is not always the final word in a criminal case. Judges can make mistakes, or prosecutors may violate people's rights. When these issues have affected the outcome of a case, a person has the right to ask a higher court to review what happened. However, an appeal is not a second trial. There are no new witnesses and no new jury. Instead, the written record of the case will be reviewed to determine whether errors occurred that should be addressed. The rules for handling appeals are strict and unforgiving, and an attorney with experience in appellate courts can make sure a case will be handled correctly.

At Texas Defense Firm, we help people who have been convicted in Richardson and the surrounding areas pursue appeals and other forms of post-conviction relief. Our lawyers know the rules that apply to appeals, the standards that appellate judges follow, and how to turn a lengthy trial transcript into clear, persuasive arguments that a case should be reviewed. We know that appeals can affect our clients' freedom, and we work hard to make sure their rights will be protected.

Issues That May Be Raised in a Criminal Appeal

An appeal will focus on legal errors that took place during a trial. Common grounds for appealing the outcome of a case include:

• Insufficient Evidence: A conviction should not stand if a rational juror would not have found a person guilty beyond a reasonable doubt based on the evidence presented during a trial.
• Wrongly Denied Motions to Suppress: If a judge allowed evidence that was obtained through an illegal search, arrest, or interrogation to be presented in court, this may have affected the outcome of the case.
• Improper Evidence Rulings: Judges may admit inadmissible hearsay, prejudicial evidence, or improper testimony, or they may wrongly exclude evidence that would have helped the defense.
• Jury Instruction Errors: Mistakes may have been made in the written instructions provided to jurors, such as an incorrect explanation of the law or leaving out a potential defense.
• Jury Selection Problems: Potential jurors may have been incorrectly excluded because of their race, sex, or other protected factors.
• Prosecutorial Misconduct: A prosecutor may have failed to disclose evidence to the defense, presented evidence or testimony that they knew was false, or made improper closing arguments that discussed facts that were not on the record during a trial.
• Sentencing Errors: A judge may have imposed a sentence outside the legal range for a specific offense, applied an improper enhancement, or made other errors that resulted in an incorrect sentence.

Most errors can be raised during an appeal only if the defense made the proper objections during a trial. If no objection was made, the appellate court may refuse to consider the issue. This is one reason why a careful review of the record is so important. Our team will look for errors that may be addressed, including the limited types of errors that may be raised without an objection.

How the Appeals Process Works in Texas

Each stage of an appeal involves firm deadlines. Failure to file the correct motions or notices could prevent an appeal from moving forward. Our lawyers can make sure the right steps are taken throughout an appeal, including assisting with:

Motion for New Trial

A motion for new trial must be filed within 30 days after a sentence is imposed. This motion will give the trial court a chance to fix its own mistakes, and it may be an opportunity to add new evidence to the record, such as proof of juror misconduct or ineffective assistance of counsel.

Notice of Appeal

A notice that a person intends to file an appeal must be provided within 30 days after sentencing or within 90 days after filing a motion for a new trial. Our attorneys will make sure the right steps are taken to begin the appeals process.

Building the Appellate Record

The record includes court filings and the transcripts of hearings and the trial. Our lawyers will make sure every relevant portion of the record is requested, including information related to pretrial hearings and jury selection. The appellate court can only consider what is in the record, so we will make sure no details are missed.

Writing an Appellate Brief

The appellant's brief is the most important part of an appeal. This brief is generally due 30 days after the record is filed. A strong brief will identify the errors that took place, tie each one to specific parts of the record, explain the applicable laws, and show how the error affected the outcome of the case. We will make sure briefs are prepared correctly, and we can also prepare response briefs that address the briefs filed by the prosecutor.

Oral Arguments and the Court's Decision

In some cases, a court may schedule oral arguments, while other cases may be decided based only on a review of the briefs. A court may decide to affirm a conviction or sentence, reverse the ruling made by a trial court and order a new trial, enter an acquittal, or modify the judgment.

Contact Our Richardson, Texas Criminal Appeals Lawyers

An appeal can correct an unfair conviction or sentence, but it will need to be handled correctly, including meeting all applicable deadlines. Whether you believe that you can challenge a verdict, a sentence, or another ruling made in a trial, Texas Defense Firm can provide the representation you need during your appeal. Contact our Richardson, TX appeals attorneys at 972-369-0577 to schedule your free consultation.