Tyler, TX Appeals and Post-Conviction Attorney

Trusted Post-Conviction Attorneys Representing Texans Seeking Relief in Tyler, TX

Navigating the complexities of the legal system can often feel overwhelming, especially when dealing with the repercussions of a criminal conviction in Texas. Understanding the avenues available for challenging a conviction, such as appeals and writs of habeas corpus, is crucial for those seeking justice after a verdict has been issued. Bennett & Bennett is committed to standing up for the rights of those who have been convicted of crimes. We fight to give our clients a fair shot at pursuing a favorable outcome, even if the initial result was less-than-favorable.

The Essence of an Appeal in the Texas Legal System

When filing an appeal, a person will ask a higher court to review the decisions made by a lower court. In Texas criminal cases, it is an avenue through which a defendant can challenge the legal basis of his or her conviction or the fairness of his or her trial. It is important to note that an appeal is not about rehashing the facts of the case but rather about determining whether there were any legal errors during the trial that affected the verdict or sentence.

The appellate process scrutinizes the trial court proceedings for mistakes ranging from procedural errors, such as incorrect jury instructions, to substantive legal errors, including the improper admission of evidence. If these errors are deemed significant enough to have impacted the outcome, the appeals court has the power to reverse the conviction, order a new trial, or, in some cases, reduce the sentence.

Initiating the Appeal: The First Step Towards Potential Relief

The journey to an appeal begins immediately after the conviction when a notice of appeal is filed. This document, submitted to the trial court, is the official declaration of the defendant's intention to seek appellate review. Timing is of the essence, as Texas law mandates that a notice of appeal must be filed no more than 30 days after sentencing. Furthermore, if a motion for a new trial is filed, the deadline for filing a Notice of Appeal is 90 days after sentencing.

Given the strictness of these deadlines and the technical nature of the appellate procedures, it is highly advisable for defendants to seek legal guidance from an experienced attorney. At Bennett & Bennett, we can ensure that all required documents are filed correctly within the appropriate time limits. This is a crucial factor that can fundamentally impact the likelihood of an appeal's success.

The Direct-Appeal Process

After filing a notice of appeal, the appellate journey unfolds through several crucial stages, each potentially influencing the outcome of a case. The appellant, or the party filing the appeal, must prepare and submit an appellate brief to the higher court. Acting as the backbone of the appeal, this document will articulate the reasons why the appellant believes the trial court erred.

At the same time, the trial court record, including all documents filed during the trial and transcripts of the proceedings, will be prepared and sent to the appellate court. This record provides the appellate judges with a comprehensive overview of the case against which the appeals are weighed.

In some cases, the appellate court may schedule oral arguments, granting both parties the opportunity to present their cases in person before a panel of judges. This stage allows for direct interaction with the judges, offering a forum to emphasize key points of the appeal and answer the judges' questions.

The culmination of this process is the appellate court's decision. Based on their review of the appellate briefs, the trial court record, and the oral arguments (if any), the judges will decide whether legal errors significantly impacted the outcome of the trial. Should the court find in favor of the appellant, various forms of relief may be appropriate, from ordering a new trial to altering the sentence or, in rare cases, overturning the conviction entirely.

Contact Our Tyler, TX Post-Conviction Attorneys

Pursuing relief in the form of an appeal may seem like a daunting task. With legal guidance from the lawyers at Bennett & Bennett, people who have been convicted of crimes can have a second chance at pursuing a more favorable outcome. We can help determine whether appeals or petitions for writs of habeas corpus will provide post-conviction relief to address unfavorable verdicts or inappropriate sentences. Contact our office at 713-224-1747 for a private consultation today.