There are a few reasons why a criminal appeals case may be filed in San Marcos, TX. Sometimes an appeal might be filed if someone believes that a court decision is unfair. They might also file an appeal if they feel that the law governing the case was ruled in the wrong way.
In these situations, someone may wish to file a criminal appeal in order to get a conviction overturned. People can do this as long as the following is applicable:
- a final judgment has been reached by the lower court
- that particular person is able to show that there was an error made in a lower court that will support a criminal appeal.
It’s important to understand that in many situations there are time limits in which someone can file a criminal appeals case in Hays, Guadalupe, or Comal County. We can help you with better understand these time limits.
Consulting a Criminal Appeals Attorney
Given the complexities to filing an appeal, it is a good idea to consult with a qualified Texas appeals attorney when thinking about filing a criminal appeals case.
The Law Office of Case J. Darwin Inc. is experienced in handling these types of cases and can certainly help you make an informed decision to determine if your particular case can be successfully appealed in Texas.
Many times attorneys fail to effectively represent clients in these situations or the courts simply make wrong decisions. When this happens, you can count on us to give you the best chance of correcting the issue.
Why Hire our Criminal Appeals Lawyer
Our Texas law firm not only has appellate-specific experience, with Case Darwin having served as a briefing attorney for a Texas court of appeals Justice, but he is also an experienced trial attorney, having served as a prosecutor.
This combination of both appellate and trial skills gives our law firm the ability to speak authoritatively to the appellate courts of the real world implications of their legal rulings.
The U.S. legal system recognizes that the process of evaluating the evidence and law in a criminal case isn’t always clear-cut. Witnesses have different recollections; lawyers have different interpretations of what the law requires. Unlike how trials appear on television and in movies, a criminal case’s outcome may seem ambiguous.
Criminal appeals at various levels of the courts seek to reduce that uncertainty to ensure defendants are treated fairly. If you feel that evidence was wrongly presented or laws improperly interpreted, you may be able to file an appeal of your case.
Appeals courts have a different mission than trial courts. These proceedings are not designed to hear more testimony. Instead, they consist of legal arguments highlighting why a decision or outcome was incorrect under the law or legal precedents.
If successful, your conviction may be overturned and sent back to the trial level for new proceedings. Under certain circumstances, appeals judges can reverse a conviction and end the case without further proceedings.
Appeals can be highly technical and have the best chance of success when they involve an attorney. The law office of Case J. Darwin has extensive experience in criminal appeals in Hays, Guadalupe, and Comal counties, along with other jurisdictions in Texas.
You must file your criminal appeal within a specific time frame, so it’s essential to get the right legal advice as soon as possible.
What Happens in a Criminal Appeal?
Appeals of criminal convictions in Texas can involve proceedings at the trial court, the Texas Court of Appeals, and, finally, the Texas Court of Criminal Appeals. Depending on the circumstances of your case, your strategy, and the decisions made, your appeal may have stops at all three levels or just one.
Trial Court
Following your conviction in one of the four Texas trial courts, you may be able to file a motion for a new trial. Typically, this must occur within 30 days of the trial court’s verdict or judgment. The motion seeks to argue that an error during the case, say, a judge’s ruling on certain evidence or juror misconduct, prevented you from receiving a fair trial. Given that the same judge typically hears these motions, they are not commonly granted.
Texas Court of Appeals
The vast majority of appeals route through the Texas Court of Appeals. Your case will generally be heard by a court of appeals in your general geographic area. Statewide, Texas operates 14 courts of appeals that employ 80 judges.
Most of the work of the appeal happens on paper. Your lawyers will file paperwork outlining the errors made in your trial and why, under the law, they believe you are entitled to some relief. Attorneys can ask for new trials; in extreme cases, they may also ask for an outright acquittal.
Prosecutors may file responses to your arguments, and then the matters are scheduled for oral arguments. The judges then consider all the information they have received and decide.
Texas Court of Criminal Appeals
If the court of appeals does not grant your appeal, you may be able to appeal that decision to the Texas Court of Criminal Appeals. This is essentially the criminal branch of the state’s Supreme Court.
The process works similarly, as your attorneys and prosecutors will outline their disagreements on paper, which may be discussed at oral arguments, followed by a decision.
The court of criminal appeals only agrees to hear a small fraction of the cases submitted on appeal each year. If unsuccessful at this level, you may have grounds to appeal to federal court. Your attorney will discuss this with you as you plan your strategy on appeal.
Texas law provides a slightly different appeals process in death penalty cases, and those convictions are appealed directly from the trial court to the court of criminal appeals.
Our Qualifications and Experience
Given the complexities of filing an appeal, it is a good idea to consult a qualified Texas appeals attorney when considering filing a criminal appeals case.
The Law Office of Case J. Darwin Inc. has extensive experience in all matters of appeal in Texas courts. We handle all felony and misdemeanor charges, from capital murder to class C misdemeanors, expunctions, and bar admission administrative proceedings. We’re also well-versed in navigating the various routes for appeal in those matters.
Case is a summa cum laude graduate of the Texas Tech University School of Law, where he was a member of the Texas Tech Law Review and Order of the Coif. Before entering private practice, Case served as briefing attorney for the Honorable Terry Jennings of the First District Court of Appeals in Texas and had a caseload involving numerous criminal cases.
He has also worked for the big law firm of Haynes and Boone LLP and as a state prosecutor. Case has been named a Top Criminal Defense Attorney by AVVO.com.
Consulting a Criminal Appeals Attorney
Often, trial attorneys fail to make the correct decisions when representing clients. Sometimes it takes a fresh set of eyes to spot those errors and put them into context for an appeals court. Given all the rules involved, it’s wise to consult with a qualified Texas appeals attorney such as the Law Office of Case J. Darwin Inc.
Our team has the trial and appellate court experience you need to make sure the errors in your case are appropriately highlighted. We will help you make an informed decision to determine if your case can be successfully appealed in Texas. Visit the Texas Judicial Branch to learn more about the court of criminal appeals in Hays, Guadalupe, and Comal counties.
In addition to appeals, the Law Office of Case J. Darwin provides experienced legal counsel to those charged with crimes in Texas. Being accused of a crime can often be a life-changing event, which can profoundly affect your way of life, family, employment, and school opportunities. Let Case Darwin build you the best defense. Call us today for a free no-obligation consultation about your case or contact us online.
To learn more about the court of criminal appeals in San Marcos, TX please visit txcourts.gov.
1910 Harris County Courthouse, Houston, Texas 1807201205 by Patrick Feller is licensed with CC BY 2.0
