Houston Criminal Appeals Attorney
While losing a criminal defense case can leave you feeling discouraged and frustrated at the legal process, remember that you may still have options available to you. Even if you have already been convicted of a crime and have been sentenced, you may be able to contest a guilty finding through the appeals process.
In the state of Texas, when you lose a civil or criminal case at trial due to a judge or jury ruling against you and believe the wrong decision was made, you may wish to appeal the decision. If this is the case, you must make your appeal to the Texas Court of Appeals in the area in which the case was tried.
An appeal is a request your criminal attorney makes on your behalf to a higher court requesting a review of a decision made at a completed trial or court proceeding. Appeals typically focus on errors made during a trial that led to an unfair outcome. Such outcomes occur as a result of improper court proceedings. While this can be a complex process and there are strict guidelines involved, having an attorney experienced in the appeals process can make all the difference.
Appeals have tight deadlines and must take place within 30 days from the date the judgment was entered. For that reason, the Motion for New Trial is often filed in conjunction with the appeal. The Motion is then presented at a hearing within 10 days of being filed. It is at this hearing that it is determined whether a new trial will be granted.
There are certain conditions where the court might decide that the defendant deserves a new trial and where a Motion for a new trial should be granted. Some of these could include
- The person being accused of the crime was not present for trial
- The accused was not given the right to legal counsel
- The verdict was decided improperly by the jury
- There was some type of juror misconduct
- A material witness was prevented from attending trial (due to threats, force, fraud)
- There is evidence showing the defendant’s innocence was withheld or intentionally destroyed
- There is new evidence for the defendant that has been discovered since the trial
- After retiring to deliberate, the jury received new evidence that was not presented at trial
- The verdict is contrary to the law and evidence (although this can actually result in an acquittal)
While some of these can be difficult to prove, having an experienced attorney who understands the complex appeals process is the first step. Paul Darrow is a criminal defense attorney in the Houston – Galveston area of Texas whose work as a former prosecutor brings a wealth of valuable experience to his practice as a criminal defense attorney. Paul’s experience gives him the advantage when it comes to achieving solid results for his clients.
Call Paul Darrow Today | Houston Criminal Appeals Lawyer
Paul has years of experience in felony law, first as a prosecutor and currently as an aggressive and successful criminal appeals lawyer in Houston. He assists those who are facing criminal charges and understands the consequences a criminal conviction can bring. When it comes to defending those who are facing the serious consequences of a criminal charge conviction, Paul is the best one to have on your legal defense team. Call the Darrow Law Firm today at (713) 641-5300.