Dallas & Fort Worth Texas Appeals Lawyer - Attorney

If you have gone through a criminal trial and you were convicted, you are obviously in a very difficult position. Many people at this point will simply give up and resign themselves to the fact that all hope is lost, that all options are exhausted and that there is no reason to continue fighting. In many situations, nothing could be further from the truth. You have the right to appeal criminal convictions.

If you are faced with this situation, you need to act quickly to protect your rights. Contact the Law Office of Frank A. Perez, P.C. today to schedule an initial consultation, as you only have a certain amount of time to act before you lose your right to file an appeal in Texas. In the meantime, below is a brief overview of how the appeals process works in the Texas Courts.

1 – Filing Notice with the Texas Court of Appeals

If you have been convicted at trial, you need to make sure that you file the proper paperwork, known as a Notice of Intent to Appeal, within 30 days of the sentencing. Failing to do so could prevent you from filing an appeal altogether, so there’s no time to waste. The notice itself is not complicated per se, but you will need the help of a Texas criminal appeals attorney to make sure that it’s done properly.

2 – Preparing and Filing the Brief

All appeals must be accompanied with a brief that basically states your position as to why you deserve some sort of relief, whether it is an overturned conviction or merely an order for a new trial. These briefs are very specific in terms of their form requirements, and they also must be limited to points of law that you feel were not properly ruled upon at the trial level. A mere mistake by the trial judge, however, will not be enough. You need to show that the error or errors made were harmful in relation to the ultimate result.

3 – Oral Arguments

If the Texas Court of Appeals does not feel that a decision based solely on the briefs filed is possible, it will order a date for which oral arguments will occur. This proceeding is much different from a trial, as only the attorneys will speak to the court, and only the briefs and the points of law argued will be considered by the panel of judges. No new evidence or witness testimony is allowed.

4 – The Court Decision

When oral arguments have been completed, the court will make a ruling. If the court rules in your favor, you will either be ordered to proceed to a new trial or your conviction will be overturned. If the court does not rule in your favor, you have the option of pursuing the matter to a higher court.

Contact a Texas criminal appeals attorney

As you see, the appeals process in Texas is one that is extremely intricate and filled with legal technicalities and strategies. If you are considering an appeal, you need the help of a Texas criminal appeals attorney immediately. Contact the Law Office of Frank A. Perez as soon as possible to schedule an initial consultation.