If you are convicted of any type of crime in Texas — misdemeanor or felony — you have the right to file an appeal.
The purpose of an appeal is to determine if the initial trial that led to your conviction was carried out fairly.
Regardless of the offense you are convicted of, it is in your best interests to consult with a knowledgeable criminal law attorney in Kingwood about filing an appeal.
Your lawyer can review the facts of your case and determine if filing an appeal is worth your time.
Notice of appeal
Should you wish to file an appeal, you must do so as soon as possible.
Do not wait around and sulk about your case — call your attorney and tell them you want to appeal the court’s decision.
If you fail to file a notice of appeal within 30 days, you could lose your right to appeal.
An appeal is not an opportunity to present new evidence. Rather, it is a chance for you to have your trial reexamined by the court of appeals to ensure the process was lawful and fair.
For example, if the improper testimony of a witness lead to jurors finding you guilty, you would want to appeal the court’s decision.
The appeal process requires patience
Unfortunately, appealing a criminal conviction in Texas takes time.
In fact, it can take several months for the judges to receive and review the briefs presented by attorneys on both sides.
Then, they must discuss the briefs. This alone can take several months.
Add to the mix the fact that the appeals court is often inundated with cases and it could be several more months to a year before a decision regarding your case is made.
What happens if you win an appeal?
If your initial conviction was the result of a filing error, improper witness testimony, mishandled evidence, or some other mistake, your case will be sent back to the trial court for a new trial.
During this time, the prosecution has the choice of retrying the case, or depending on evidence, the state may choose to dismiss the charges against you.
Skilled criminal defense lawyer protects your rights and freedom
For more than two decades, the Law Office of Andrew J. Williams has defended Texans accused of DWI, assault, reckless driving, drug offenses, theft, and other crimes.
Whether you need a bulwark defense, or help appealing a criminal conviction in the Kingwood area, you can count on us to fight aggressively for you.
Contact our firm online or call 281-358-9111 to schedule your free initial consultation.