How Appeals Lawyers Help Overturn Convictions

After a guilty verdict is delivered against you, it is easy to feel hopeless and as though your fate is sealed. Fortunately, this does not have to be the case. If you believe that justice was not served, appealing the verdict can provide a glimmer of hope. Unfortunately, when appealing the verdict, you will face many challenges and roadblocks. These include strict deadlines, complex legal procedures, and the legal system, which is a strong opponent itself.

Our Houston criminal appeals attorney understands the gravity of the situation and the high stakes that are involved. With our attorney’s skill, expertise, and knowledge, you may be able to tip the scales back in your favor. 

Identify Legal Errors

Legal errors made by the trial court form the basis of many criminal appeals in Texas. These mistakes may include exclusion of evidence, improper admission of evidence, legal misconduct, or inaccurate jury instructions. The rules of evidence are strictly followed in Texas to ensure that the integrity of the legal process is upheld and that it remains fair. An appeal can follow a trial when these rules are not followed.

For example, if a judge allowed evidence to be presented when it should have been excluded under the Texas Rules of Evidence Rule 402, your lawyer can argue that the error led the jury to unfairly decide against you. In this case, you may be able to ask for a new trial.

Challenge the Foundation of the Verdict

Another common reason for criminal appeals is when the evidence presented during the trial was not strong enough to support the guilty verdict. The burden of proof in criminal cases lies entirely with the prosecution, and they must prove your guilt beyond a reasonable doubt. This is a high bar, and if the evidence does not provide this proof, your lawyer can argue that the conviction should be overturned.

Identify Potential Issues

Your criminal appeals lawyer will carefully review the trial record, including the exhibits, transcript of proceedings, and other relevant materials. By reviewing the record carefully, your lawyer can identify potential issues that may not have been handled appropriately during the trial, or that were simply ignored or overlooked. This thorough review can provide a strong foundation for a convincing appeal.

Draft a Strong Brief

After the potential issues have been found, your Houston criminal appeals lawyer will then draft a strong legal brief. The brief presents legal arguments, facts, and case law in a manner that is reasonable to the court of appeals. A brief that is poorly written may result in a judge overlooking or misunderstanding an important point. On the other hand, a brief that is well-constructed can highlight the facts of the case and your legal arguments in a clear and compelling manner.

Criminal appeal cases are decided solely on these written briefs with no new evidence or testimony being presented. Excellent legal writing is critical to advocate for an outcome that is in your favor. Although a criminal appeals lawyer is always a valuable resource, it is critical to work with one when drafting your legal brief.

How Does the Criminal Appeals Process Work in Texas?

The appeals process is vastly different from the initial trial. The steps involved are as follows:

• Notice of appeal: You must file the formal notice of appeal within 30 days of the judgment. This deadline is very strict.
• Motion for new trial: If you file a motion for a new trial within 30 days of the judgment, the deadline may be extended to 90 days. This can provide you with additional time to prepare.
• Record preparation: The court clerk and reporter will prepare certain documents, such as a transcript of the trial, and they are then sent to the appellate court.
• Filing briefs: Your criminal appeals lawyer will file their detailed brief that highlights the legal errors made during your trial, such as faulty jury instructions or evidence.
• Appellate review: In Texas, appeals are first heard by the 1st or 14th Court of Appeals. These courts may review the record and briefs to determine if the conviction should stand, be overturned, or if the errors warrant a new trial.

If, after taking these steps, your appeal is still denied, you may be able to take your case to the Texas Court of Criminal Appeals.

Potential Criminal Appeal Results

There are multiple outcomes that can occur after you pursue a criminal appeal. They include:

• Affirming the decision of the trial court: In certain cases, the appellate court may affirm the decision of the trial court. Essentially, this supports the original verdict. Although disappointing, obtaining this result does not necessarily mean your case cannot go any further.
• Reversing the decision of the trial court: If the appellate court agrees with the arguments your criminal appeals lawyer has made, they may review the decision of the trial court. They may decide a new trial is warranted, or they may even simply determine that you are innocent. After the appellate court reverses a decision, the case is sometimes sent back to the trial court for additional proceedings that would follow the ruling of the appellate court.
• Remand for new proceedings: The appellate court may also remand the case, meaning it is sent back to the trial court. The appeals court may call for new proceedings that are aligned with the specific instructions of the appeals court. This could mean another trial with revised procedures or resentencing.
• Modified sentence: If the appeals court upholds the underlying conviction, they may still modify the sentence if they believe the original was illegal, excessive, or an abuse of discretion by the trial judge.

Call Our Criminal Appeals Lawyer in Houston for Legal Help

You may be able to appeal your criminal conviction, but patience, perseverance, and legal help are all of critical importance. At The Law Offices of Tad Nelson, our Houston criminal appeals lawyer can analyze your case for errors and prepare the strong arguments you need to give you the best chance of a favorable outcome. Call us now at 281-815-4640 or contact us online to schedule a consultation and to learn more about how we can help.