College Station Appeals Lawyer

The prospect of facing jail time when you believe you were wrongfully convicted of a crime is daunting. Judges, juries, and attorneys could make mistakes at trial that lead to an incorrect verdict.

A knowledgeable criminal defense attorney with The Greening Law Group could assess whether you have valid grounds for a successful appeal based on the existing court record.

Our College Station appeals lawyers could also help you comply with mandatory procedural rules and filing deadlines. Call today to schedule your initial consultation with our legal team.

Initiating the Appeals Process

There is a multi-level court structure to handle criminal proceedings. If you are charged with a crime, the case typically begins with a trial at the lowest court level. The state has the following court structure:

County or District Court

County courts are the lowest trial court level and typically have jurisdiction over misdemeanor criminal matters. District courts handle felony criminal matters.

Court of Appeals

The Court of Appeals is the intermediate level and will hear appeals from lower-level trial courts.

Court of Criminal Appeals

The Court of Criminal Appeals is the highest court with general appellate jurisdiction over criminal matters.

If you were convicted of a crime, you generally have 30 days from the date of judgment to file a petition for appeal under Texas Rules of Appellate Procedure 68.2. The Court of Criminal Appeals may also review a decision in a criminal case on its own initiative.

If the court grants the petition, the defendant and prosecuting attorney must submit written briefs presenting their appeals arguments. Some unique features of appeals compared to trial court include the following:

• Appeals are heard by a panel of judges, typically three
• The appeals court will make its decision based on the briefs submitted by the parties and the trial records from prior proceedings
• The appeals court defers to the lower court on facts and does not accept new testimony or witnesses
• The appeals court may determine it to be necessary for parties to present oral arguments

To learn more about the appeals process, get connected to a seasoned lawyer in College Station today.

Reasons for Granting a Petition to Review

The appeals court does not have to grant a defendant’s petition for judicial review and can decide when this is appropriate. Per Tex. R. App. P. 66.3, the court will choose to hear an appeal based on whether:

• The decision conflicts with another court of appeals’ decision on the same issue
• The issue addresses an essential question of state or federal law
• A court has misinterpreted or declared unconstitutional a statute, rule, regulation, or ordinance
• The court disagreed on a material question of law that was necessary to the decision
• A court departed considerably from an accepted course of judicial proceedings

These factors can affect whether a court is willing to revisit your case. A reliable attorney in College Station could determine how likely the court is to hear your appeal based on the abovementioned considerations.

Potential Arguments for Successful Appeals

To win an appeal, you must show that there was an error in the judicial process. You cannot win an appeal simply because you disagree with the ruling. The appellant must show that a trial court made errors in deciding the case. Some arguments that can lead to a successful appeal include the following:

• A judge gave improper jury instructions
• Juror misconduct
• There was insufficient evidence to arrest or convict the defendant
• Evidence was improperly excluded at trial
• The defendant’s lawyer provided ineffective counsel to a degree that it made the trial unfair
• The defendant discovered new material evidence that was unknown or unavailable at the trial’s conclusion

An appeals lawyer in College Station could identify the strongest argument for your specific case and gather evidence to support this claim.

Consult With an Appeals Attorney in College Station Today

A successful appeal can overturn a conviction when facing the prospect of jail time or a permanent criminal record. Speak to a College Station appeals lawyer about your legal options as soon as possible if you were convicted of a crime.

The appeals process is complicated and requires you to file documents within a specified period of time. Our team could prepare your appeal and help you overturn your conviction.