Appealing convictions is a critical part of criminal defense

On Behalf of | Aug 13, 2020 | Criminal Law, Uncategorized |

Being arrested for any reason in Texas can be a challenge. When there is a conviction, it is natural to be concerned as to what happens next. The case is not automatically over with the penalties to be assessed and served. An appeal is possible and may reverse the decision.

Appeals can be effective to overturn a conviction

Understanding the basics of criminal appeals is a fundamental part of criminal defense. When the trial court has made its decision, the case can be appealed one time to a higher court. That means that the number of higher courts will dictate how many appeals can be made. For example, if there are two higher courts, there is a maximum of two appeals. There may be time constraints and other limitations on the ability to try and have the case overturned.

Know the two keys for an appeal

There are two parts of an appeal: the notice of appeal and the appellate brief. The notice of appeal lets the court in which the decision was made know there will be an appeal. The notice must be filed according to the law or the appellate court cannot decide on it. For civil cases, there is generally a time limit of 30 days to file. For criminal cases, it is usually 10 days. When the appellate brief is filed, it details the reasons for the appeal and why the case should be overturned. Citations to show proof may include the transcript.

Experienced legal advice may help with an appeal

There are many consequences for a criminal conviction. A person can lose his or her freedom, face fines and experience challenges even after they have served their sentence. Many cases have errors or missteps that make an appeal a viable alternative to have the decision reversed. That could involve a problem with the evidence, the judge making a mistake, a failure to have sufficient legal representation or misconduct. Consulting with experienced legal professionals may help with all parts of a criminal defense, especially an appeal.