Dallas Criminal Appeal Lawyer John Helms Explains - Appealing a Criminal Conviction in Texas
Discover the process of appealing a criminal conviction from Dallas' best criminal appeal lawyer. John Helms explains the process of appealing a criminal conviction in Texas.
If you've been convicted of a crime in Texas and believe there were mistakes made during the trial, you have the right to appeal.
However, it is critical to recognize that the appeals process is complicated and necessitates a thorough understanding of the law and legal procedures.
In this short post, we'll go over how to appeal a criminal conviction in Texas and what to expect throughout the process.
The appeals process begins with filing a "notice of appeal," a brief document indicating your intent to appeal the conviction, and must be filed within a specific timeframe.
It is critical to file the notice of appeal before the deadline, as failure to do so may result in losing your right to appeal.
After filing the notice of appeal, you must file a "brief," which is a written argument that identifies the trial court's errors and explains why these errors justify a new trial, a reversal of the conviction, or other relief.
The government will then file its brief in response, and you will have the opportunity to file a reply brief.
The appeals court, composed of a panel of judges, will then decide based on the briefs or hear oral arguments from both sides.
The judges may question your position on the case's issues during oral arguments.
It is important to note that the appeals court can only review portions of the trial case where you claim the trial court erred and cannot simply redo the entire trial.
If the appeals court upholds the conviction, you may be able to request that the Texas Court of Criminal Appeals hear the case.
However, this court selects which cases to hear and accepts only a tiny percentage of the cases requested.
If the Court of Criminal Appeals refuses to hear your appeal or upholds your conviction, you may petition the United States Supreme Court to listen to your case, though this is extremely rare.