Denton Criminal Appeal Attorneys
Fighting For Your Second Chance!
The most important thing to do after a conviction has been entered is to preserve your right to appeal the judgment to the appellate court. Appeals are the next step in the criminal justice system to fight for your rights.
An appeal is not an opportunity for a second trial. Rather, an appeal is the opportunity for your appellate attorney to review your trial for any errors or mistakes that occurred, as well as harm suffered as a result. The appeal is strictly limited to the transcripts from the trial that resulted in your conviction. As your appellate attorney, we review your trial transcripts, the exhibits admitted at trial, as well as all records filed in your case in search of any and every error so that we can fight for your right to a fair trial.
At the Texas Grizzly Law Firm, PLLC, we don’t take the easy way out; we take the right path forward. That means rigorous representation, re-examining the facts, and forming a solid case that the courts can’t ignore. Call 940-488-8926 to get started right now with a free consultation.
What Is an Appeal?
Many people think that an appeal is just asking for a second trial when you don’t like the outcome of the first trial. That’s not how appeals work. An appeal is a formal request asking a higher appellate court to review the conviction from the original trial. An appeal is actually not a new trial; it is a legal review to determine whether serious errors occurred that negatively affected the outcome. You can seek an appeal for both felony and misdemeanor charges.
There Are Limits
An appeal reviews what happened in the original court based on the trial record. You will not be able to present new evidence or testimony. The goal is to ensure the law was applied correctly. The court will concentrate on procedural errors, constitutional violations, or misconduct by the prosecutor or trial counsel.
An appeal is not just a new trial. You will not get a chance to re-argue your case from scratch. For some, an appeal is the only way to fight for a better outcome after a conviction. In Texas, appeals can overturn wrongful convictions or reduce harsh sentences. But you won’t be able to do this alone. You may never even be granted an appeal in the first place without an attorney guiding you every step of the way. You need a Grizzly approach, and that’s what we’re known for.
What Are Common Grounds For an Appeal?
The movies and TV shows make it seem like the moment you’re found guilty, you can just demand a retrial via an appeal. That’s not how things work. First off, not every mistake during a criminal trial results in a successful appeal. For the appellate court to overturn a conviction, there must be specific legal or procedural errors that likely change the outcome. In other words, the error must be serious enough that it harmed the defendant’s chance at a fair trial.
Some of the most common grounds for an appeal may include:
Incorrect Jury Instructions
If the judge gave the jury the wrong legal standard or failed to explain it clearly, that can lead to an unfair verdict, which could become a basis for appeal.
Improper Admission or Exclusion of Evidence
If the trial court allowed illegally obtained evidence or blocked key defense evidence, that could violate the defendant’s rights and possibly justify a reversal.
Prosecutor Misconduct
Appeals may be filed when a prosecutor uses improper tactics, like making inflammatory statements, introducing prejudicial material, or hiding exculpatory evidence.
Ineffective Counsel
If the defense lawyer failed to investigate, missed important objections, or didn’t understand the relevant laws, the defendant may have been denied a fair trial.
Judicial Error or Abuse of Discretion
When a judge makes a ruling outside the bounds of reasonable legal interpretation, it can affect the outcome and be enough reason to ask for an appeal.
Insufficient Evidence to Support the Conviction
If no rational jury could have found the defendant guilty based on the evidence presented, an appellate court may overturn the conviction.
Constitutional Violation
This includes violations of due process, the right to remain silent, unlawful searches and seizures, or any infringement on the defendant’s constitutional protections.
Sentencing Errors
If the sentence handed down exceeds statutory limits or wasn’t based on proper procedures, that mistake may be corrected on appeal.
How Do You Start the Criminal Appeals Method in Texas?
Unfortunately, the first step to seeking an appeal is being convicted of a crime in a Texas court. This can be after a plea agreement or jury verdict, for a misdemeanor or a felony. The trial must be completed before an appeal can be filed.
File a Notice of Appeal
A notice of appeal must be filed with the trial court to begin the appeal. The deadline to file is 30 days from the date of sentencing. If a motion for a new trial is filed, that deadline extends to 90 days. Filing late may require a motion for extension, which is not guaranteed to be accepted.
Prepare the Appellate Record
Once the notice is filed, the trial record is assembled. The trial record consists of:
- Transcripts of court proceedings
- Motions and rulings
- All admitted evidence and objections made during the trial
- Jury instructions, sentencing documents, and trial exhibits
This record is sent to the appellate court and forms the entire basis of the appeal. No new evidence, testimony, or arguments outside this record are considered.
File the Appellate Brief
Your appellate attorney will then prepare a written appellate brief, which will outline the legal errors that occurred during the trial and how those errors affected the outcome of the case. Your appellate attorney will also include supporting statutes, case law, and procedural rules in the brief.
The brief must be submitted on time and meet formatting and length requirements set by the court.
Wait for State Response and Court Review
The prosecution will file a response brief defending its conviction. Then, the appellate court may schedule oral arguments, although this is not guaranteed. Judges will review the case based solely on the trial record and the submitted briefs.
Unfortunately, this step can take weeks or even months before the court issues a ruling.
Receive a Decision from the Appellate Court
The appellate court can affirm the conviction, meaning the conviction stands, reverse the conviction, modify the sentence, or remand the case for a new trial.
The Time to Act is Right Now
If you’ve been arrested, faced criminal charges, and walked away with a conviction, your story isn’t over. The right criminal appellate attorney can review your trial record, identify errors, and fight for a second chance. Our appellate attorneys will focus on post-conviction defense strategies aimed at protecting your rights, your family, and your future.
Our firm brings the Grizzly approach, and we don’t back down from a fight to prove our client’s innocence. Contact us at 940-488-2570 to schedule a free consultation.