Appellate Attorney San Antonio TX
What is the Appeals Process in Texas?
In many court cases, whether it was a civil case or a criminal case, either party can be dissatisfied with the results. Instead of suffering through it all as a losing party or litigant, you may want to look into appealing the case to see if the judgment can be overturned.
There are some simple things you can do to get the process started:
- First, go to the court or their website to get a notice of appeal form. Fill it out completely and file it with the court within 10 days of your criminal trial. If any part seems unclear, you can either ask the court or hire a lawyer who is knowledgeable in criminal appeal cases to ensure it has been filled out completely and correctly. Any mistakes you might make can cause your case to be thrown out or delayed.
- After all the paperwork is finished, you will need to go to the court clerk to file the notice of appeal and pay the appropriate fees. Find out exactly what the fees are by calling ahead because it can range from a heavy to small fee ranging from docket fees to processing fees.
- Within seven days of filing the notice of appeal, you will have to file a motion that explains why you want to appeal the criminal case. Your Texas lawyer can help you make sure you fill out the correct forms by the appropriate deadlines. In the paperwork, you will have to name your attorney if you choose to have one.
- You will then receive a court date within a few days via mail.
The process can work if you want to go pro se; however, having a criminal defense attorney represent you and fight for your case ensures you have someone fighting for you with full knowledge of the law.
Example of Appealing a Court Decision
An appeal is not a new trial. Instead, it is a request with a higher court to review the circumstances of your trial with the goal of establishing whether you may have been the victim of a miscarriage of justice. When filing an appeal, your attorney will spend a considerable amount of time examining the circumstances of your trial, looking for signs that the prosecutor, judge or jury may have made mistakes which would prejudice the outcome of the case against you.
For example, the decision of the jury may have been based on evidence that should not have been admitted to the court. Appeals are heard by courts consisting of between three and nine judges. They have the authority to overturn a conviction or to reduce a sentence, among other things.
San Antonio Criminal Appeals Lawyer
Even if you have been convicted on criminal charges, it may still be possible for you to avoid the serious consequences you face. Under certain circumstances, it is possible to have a conviction overturned or to have the sentence for a conviction reduced by filing an appeal. This course of action is not something that all attorneys are prepared to undertake. It requires special education and training in the intricacies of appellate law, and the attorney must be admitted to practice in the Texas Court of Appeals.
In the course of my career as a criminal appeals lawyer in San Antonio, I have personally argued numerous cases before the Fourth Court of Appeals in San Antonio, as well as in the Texas Court of Criminal Appeals, the highest court in the state, and I have handled appeals for which the stakes were as high as the death penalty. My readiness to handle an appeal extends all the way to the top, given that I am admitted to practice in the Supreme Court of the United States.