Top Criminal Appeals Attorney in San Antonio, Texas
San Antonio Criminal Appeals Attorney
A criminal conviction does not have to be the end of the road. One of the best aspects of the U.S. criminal justice system is your right to appeal an unjust or unfair ruling or verdict. By appealing a lower court’s decision, you ask the higher court to review it for any errors or misconduct. Depending on the circumstances, you may be able to reverse your conviction.
At Hunter, Lane & Jampala PLLC, we are dedicated to providing top-quantity representation for individuals seeking justice after an unfair conviction. With extensive experience before Texas Appellate Courts, the Texas Supreme Court, Federal Appellate Courts, and the United States Supreme Court, our firm is well-equipped to handle your appeal. We’ll carefully review the trial court record and interview the previous trial counsel to determine your eligibility for an appeal and provide you with honest and professional counsel from start to finish.
Appealing a Conviction in San Antonio
A criminal defendant always has the right to an appeal however, that right is often waived and forfeited, typically in exchange for a more favorable plea deal. Valid reasons for filing an appeal include:
- Errors in jury instructions could have impacted the verdict.
- Inappropriate or irrelevant evidence was used during the trial.
- Insufficient evidence to support the guilty verdict.
- Mistakes made by the court in interpreting or applying the law.
- Allegations of unfair or biased conduct by the judge during the trial.
- Your defense attorney’s performance was significantly deficient, negatively affecting your case.
If your appeal is successful, a higher court may:
- Overturn the original guilty verdict, resulting in an acquittal.
- Grant a new trial, giving you a fresh opportunity to present your case.
- Reduce the severity of the original sentence imposed.
If you believe your conviction was unjust or improper, reach out to a San Antonio criminal appeals attorney from our team. We can assess the merits of your case and discuss your options for pursuing an appeal.
What Happens When You Hire Us For Your Criminal Appeal?
When you choose Hunter, Lane & Jampala PLLC for your criminal appeal, you can expect a thorough and meticulous approach to your case. Our dedicated team follows a structured process to build a strong appellate argument:
- Case Evaluation: Any appeal starts with a thorough evaluation of your case and the issues that were preserved by your trial attorney. This includes reviewing trial transcripts, the clerk’s record, and for a Motion for New Trial, identifying and developing any new evidence that may have been unavailable during the trial.
- Preparation of the Appellate Brief: During the appellate process, we meticulously prepare a detailed brief, presenting all relevant facts, record citations, and legal references. Our goal is to effectively illustrate any errors or injustices that occurred during the trial to the court.
- Appellate Court Review: After both parties have submitted their briefs, the appellate court reviews the arguments presented. Depending on the case, the court may request oral arguments from the attorneys or make a decision based solely on the filed papers.
The results of an appeal can vary based on multiple factors including the nature of trial errors, and the legal arguments raised. Successful appeals can lead to judgment reform, a retrial of the case, or even an acquittal.
At Hunter, Lane & Jampala PLLC, we understand that each criminal appeal is different, and we tailor our approach accordingly. Our experience, attention to detail, and commitment to upholding justice ensure that your case receives the dedicated representation it deserves. Whether the issues are straightforward or complex, we are prepared to fight passionately for your rights throughout the appellate process.
When Should I Hire a San Antonio Criminal Appeals Attorney?
As soon as possible following a guilty verdict. There is only a short window following a conviction where a defendant may perfect his appeal and challenge issues preserved in the record of the trial court or address issues related to newly discovered evidence or ineffective assistance of counsel in a Motion for New Trial. Because the time period for raising these issues is so short, once the trial has concluded and you have been found guilty, it is crucial to act promptly in seeking legal counsel for your appeal. A San Antonio criminal appeals attorney can be instrumental in identifying potential errors or issues that may have occurred during the trial, such as judicial misconduct, errors in law, improperly admitted evidence or ineffective assistance of counsel. They will carefully review the trial transcripts, evidence, and relevant documentation to determine if there are valid grounds for an appeal.
An appeals attorney should be consulted as soon as possible after the trial since there are specific deadlines and procedures for appealing. The timeline for filing appeals varies depending on the jurisdiction and the type of case, so seeking legal representation promptly ensures that you complete all critical deadlines.
Can I Appeal a Guilty Plea?
Generally, you waive your right to an appeal after accepting a plea deal but certain circumstances may provide grounds for an appeal despite your waiver.. They include the following:
- Your defense attorney provided improper advice during the plea bargain process, resulting in an uninformed decision.
- When you pleaded guilty or no contest, you were not fully aware of the consequences of accepting a plea bargain.
- You were pressured or coerced into accepting the plea bargain.
- You lacked the mental capacity to make a sound decision at the time of entering the plea.
- There were procedural errors with your plea bargain, such as the court failing to establish a factual basis for the plea.
- The court clerk made a mistake that affected the validity of your plea.
If you believe any of these circumstances apply to your guilty plea, you may have grounds for an appeal. However, it’s crucial to seek assistance from a skilled criminal defense attorney to assess your unique situation and determine if you can proceed. At Hunter, Lane & Jampala PLLC, we will provide dedicated guidance throughout the process and work diligently to protect your rights and pursue the best possible outcome.
Can I Get Bail During My Appeal?
Obtaining bail during your appeal is possible under certain circumstances, but it may not be available in all cases. Here’s what you need to know:
- In Texas, defendants convicted of a felony and sentenced to a prison term of 10 years or more are generally not eligible for bail during their appeal. Additionally, for certain wherein the Judge is prevented from ordering community supervision, bail may not be available.
- The court has the authority to deny bail if there are concerns about a defendant’s likelihood to flee or commit another crime if released during the appeal. The judge will carefully consider the circumstances and evidence before making a decision.
If you are eligible for bail, the court will consider several factors when determining the amount and conditions of bail. These factors include the length of your sentence, your past history of complying with bail conditions, and ties to the community, such as family, friends, and employment. If bail is denied, you have the right to appeal the decision. An experienced attorney can help present a compelling case for bail during the appeal.
While bail during an appeal is not guaranteed in all cases, it is essential to have skilled legal representation advocating for your rights. An experienced criminal defense attorney can build a strong case for bail, ensuring that all relevant factors are considered and presenting a compelling argument to increase the likelihood of bail being granted.
How Long Do I Have to File My Appeal?
In Texas, the deadline for filing will depend on the type of appeal you are pursuing.
- Direct Appeal: In the event of a conviction, the first type of appeal is a “direct appeal,” which has a relatively short deadline. To initiate a direct appeal, you must file a Notice of Appeal within 30 days from the date of sentencing. However, if a motion for a new trial is filed, the deadline extends to 90 days from the sentencing date.
- Writ of Habeas Corpus: The second type of appeal is a Writ of Habeas Corpus, which can be filed later (even years after a conviction).
For direct appeals, the Notice of Appeal must be in writing, served on the State, and filed with the clerk of the trial court. It does not require specific language but must demonstrate your intent to appeal the conviction.
If you miss the 30-day or 90-day deadline, you may still be able to file a late Notice of Appeal. In order to do so, you must submit the late Notice of Appeal to the clerk of the trial court as well as file a motion for an extension of time with the Court of Appeals. Both filings must be made within 15 days of the original deadline. However, there is no guarantee that the court will accept the late filing.
Speak to a San Antonio Criminal Appeals Attorney Today
At Hunter, Lane & Jampala PLLC, we provide trusted representation for clients seeking justice through criminal appeals. Our extensive experience before Appellate Courts in Texas, coupled with our unwavering dedication to our clients, sets us apart as a leading criminal defense firm. We meticulously assess each case, seeking potential errors and opportunities to present a compelling argument to the higher court.
If you believe your conviction was unjust or you have valid grounds for an appeal, don’t delay—contact Hunter, Lane & Jampala PLLC today. Our skilled team will guide you with compassion, expertise, and tenacity throughout the appeals process, fighting passionately for your rights. To learn more, call (210) 202-1076 or use our contact form to schedule a consultation today.