Criminal Law Appeal

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Criminal Defense Lawyer

What does it mean to appeal your case?

 Appealing a case is the process having a higher court review the decision made by the lower court looking for errors. However, appeals only answer questions of law and not questions about the facts of the case. This means that when you appeal to a higher court you will not be getting that second chance at a new verdict but rather asking the court to grant you a second chance because the court made a legal error when deciding on its original verdict. If you plan to appeal your case you must find an error in how the lower court handled the application of law to your case. Examples of legal errors include but are not limited to:

  • False Arrest- being arrested without probable cause, or a warrant and its exceptions.
  • Ineffective assistance of counsel-The 6th amendment protects individuals rights to effective counsel. Therefore if you feel as though your counsel has been insufficient and has not handled your case as a competent attorney should, you are able to appeal on such grounds. Examples of this would be: Not objecting to improper evidence or failing to adequately advocate for your case such as missing hearings or deadlines.
  • Improper admission or exclusion of evidence
  • Judges failure to inform the jury of the correct application of the law

These as well as any other reason that can be proved to have violated a person’s rights give grounds for an appeal. Keep in mind the facts of what happened in your case are not being reviewed in an appeal but merely how the court handled the process of your case and trial.

If you feel there was a legal error in your case you may contact your criminal defense lawyer in Arlington, TX and begin the appeal process. To file for an appeal, a criminal appeals attorney must file a notice of the appeal with the proper trial court. The attorney must then look for and identify any possible legal errors by obtaining and analyzing all of the transcripts and documents related to the appeal. After drawing up and filing a brief, which will consist of the details about what has happened in the case, as well as arguments that will favor the appeal, the attorney and the person involved in the case will appear before the judge. You will then plead your appeal case to the judge who will make a written decision regarding the outcome of the appeal, the judge will then either affirm or reverse a conviction. 

Thanks to Brandy Austin Law Firm, PLLC for their insight into criminal justice and appeals.