When you are convicted of a crime, your right to defend yourself is not necessarily over. You might be able to appeal your criminal case and seek to overturn it. A criminal conviction can lead to high fines, years in prison, and the loss of your Constitutional rights to own a firearm or even to vote. Working with a driven criminal defense attorney and legal team on your appeal may send the case back to the trial court, modify the sentence, or even dismiss the charges against you.
An experienced Plano appeals lawyer at the Barbieri Law Firm has the skill necessary to analyze your case and look for errors and strategies that may win an appeal.
What Is An Appeal?
An appeal is a legal procedure that asks a court of higher jurisdiction to review the case. The Texas Courts of Appeals are a part of the judicial branch and hear both civil and criminal cases. When a person is convicted of a criminal offense, they have the right to file an appeal after their conviction. This appeal will be heard by one of these courts.
An appeal is a second chance for a court to review the conviction. The appellate court will be given what happened at and before the trial court. The defendant’s attorney will file an appellate brief that outlines their arguments that the conviction should be overturned. With this information, a talented legal team in Plano could identify issues and raise them in the appellate brief.
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The appeals process is often very lengthy. A dedicated attorney in Plano familiar with the appeals process can further explain the below steps:
- Review all the records and documentation of your trial to find any errors.
- Put together a report on our findings and file it with the court to compel the judge.
- The State looks over the report in order to evaluate the argument and may confirm its validity.
- The State will respond to the legal team’s report, informing the lead attorney of whether next steps can be taken.
- The Court of Appeals will look over all the information and put forth a final decision.
Facing the prosecution alone could be an impossible task. Our team can take that strain off you.
With the help of a qualified Plano appellate lawyer, a convicted person can investigate their case for certain things that can help them win an appeal.
Errors In The Record
Most appeals look for and argue about errors on at the trial level, misconduct by the prosecutor, or the ineffectiveness of defense counsel.
Appeals may have success when the show that the defendant is innocent of the charges against them.
Refute Prosecutor Arguments
At the appeal, the prosecutor will usually argue against the defendant. It is important to properly respond to these arguments.
Potential Results From An Appeal
When an appeal is concluded, several different results may occur. First, the appellate court may affirm the decision of the trial court. This affirmation means that after the appellate court’s review they find no error occurred in the judgment of the trial court, or that any errors were without consequence. This means that the defendant’s conviction will not change.
The appeals court could also modify the case, or remand it to the trial court. This means that the court found an error and believes that something needs to change or be readdressed. Appeals courts can modify the case themselves at times, but usually send the case back to the trial court if necessary.
In rare cases, the appellate court may reverse the findings of the trial court and dismiss the charges against the defendant. This typically occurs when a trial court’s error is so egregious that it contaminated the entire case, or insufficient evidence existed to support a conviction.
Speak To An Appeals Attorney In Plano
If you choose to explore the appeals process, our entire team at the Barbieri Law Firm is here to represent your rights aggressively. Our firm’s top priority is to work directly with you to put together a case, which is based on solid evidence and will be compelling.
A Plano appeals lawyer truly cares about achieving a positive outcome in your case. The Barbieri Law Firm welcome the opportunity to discuss your unique situation with you in a case evaluation. We encourage you to call today to schedule your consultation.
A Word from Heather
“When individuals come to us seeking legal assistance, they are often in a vulnerable situation. We will never take advantage of the distressed state a client is in, but rather will stand by his or her side from start to finish, never giving up.”
-Heather Barbieri, Founding Attorney
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