San Antonio Criminal Appeals Attorney
Going to trial and getting convicted does not have to be the end of your story. Every criminal defendant convicted as the result of a trial has the right to appellate review from the intermediate court of appeals for their appellate district.
There are, however, critically important deadlines for notifying the court of your intent to appeal the conviction, and failure to properly notify the court within that time frame may result in losing your right to appeal. For this reason, it is essential to seek out counsel at the earliest possible opportunity to assess your case and determine if an appeal is advisable.
During the appellate process, we evaluate each case and, if we were not the attorneys during the trial, try to get an impression of what happened at the trial. This requires a review of the transcripts and the clerk’s record, an assessment of whether or not new evidence is available that was not ascertainable at the time of trial, and determining whether any other facts justify filing a motion for new trial or motion in arrest of judgment before formally appealing the conviction.
Once the appellate process is underway, we prepare a brief with all of the relevant facts, citations to the record, and legal citations necessary to show the court what went wrong. Upon reviewing the briefing of both parties, the appellate court may ask for an oral argument from the attorneys, or may simply decide the case upon the papers filed with the court.
In some cases, an appeal can result in a reform of the judgment, a retrial of the case, or even an acquittal. Appeals vary in complexity based upon several factors including the severity of the offense, the nature of the errors alleged to have occurred in the trial, how long it took to try the case, whether the issues raised in trial touch upon well-settled law, matters of first-impression or novel arguments.
Contact an Experienced Criminal Appeals Attorney
If you have been convicted of a crime and are thinking about an appeal, it is important to consult with an attorney as quickly as possible to assess your situation.
Schedule your free consultation today by calling (210) 966-8278.