In certain, unfortunate cases, a jury may reach an unjustified verdict. This can result from inadmissible evidence being taken into account, false statements from witnesses, or even biased judges or jury members. Whatever the case, anyone who is found guilty by a criminal court has the right to file for a criminal conviction appeal in Texas. An appeal involves a case being reevaluated by an appellate court. While this second examination can be the key to gaining your freedom, there are complicated processes involved, many of which require the assistance of an experienced legal professional.
At the Law Offices of Ned Barnett, we have spent years defending good people, in difficult situations. Perhaps you were falsely accused of a crime, or maybe your rights were violated during your arrest. In any situation, you deserve the best defense possible. Texas criminal defense lawyer Ned Barnett will listen to your side of the story and by utilizing his knowledge of how the prosecution approaches criminal proceedings, he will construct an effective defense.
Call (713) 222-6767 now to see how you can regain your freedom and move on with your life.
Deadlines and Filing an Appeal
It is difficult for any Houston criminal appeals attorney to predict the length of an appeals process. Depending on several factors, an appeal could take anywhere from months to many years. Interestingly, the deadline for starting the appeals process is not so unpredictable. For most state crimes, a Notice of Appeal must be filed within 30 days of the original sentencing date. For federal crimes, the statute of limitations for filing this notice is only 10 days from the sentencing date. In most cases, missing this deadline means forfeiting the right to an appeal.
Once a Notice of Appeal has been filed with the court, deadlines will be scheduled. However, unlike a normal criminal trial, the appeals process does not allow witnesses to testify. Instead, the court makes its final decision based on a transcript drafted by the court reporter. This transcript commonly contains written arguments from both sides that a skilled attorney can reference to point out errors made in the original trial.
Winning an Appeal
An acquittal is the most common result when an appellate court decides that a conviction should have never been reached in the first place. Being acquitted means that all charges are dropped and that any criminal record that was created by the original conviction is wiped out. However, there is another outcome that is often considered a win. If the appellate court decides that procedural errors were made or that evidence was improperly handled in trial court, the case may be granted a new trial. Here, the prosecution team has to choose between trying the case again and dismissing all charges.
Let Houston Criminal Appeals Attorney Ned Barnett Protect Your Freedom
If you have recently been convicted of a crime, it is critical that you continue to fight for your freedom. With the help of an experienced Houston criminal appeals attorney, you can take your case to a court of appeals. At the Law Offices of Ned Barnett, we understand that facing a conviction is probably one of the hardest things you will experience; however, we also know that filing for an appeal provides the best chance for preserving your freedom. Attorney Ned Barnett has extensive experience with the criminal conviction appeal process in Texas and will evaluate every aspect of your case, ensuring that no stone is left unturned. From there, we will present your case to show the appellate court the truth.
Call (713) 222-6767 now for a free consultation to see how your case can be reevaluated by a court of appeals.