Allen, Texas Criminal Appeals Lawyers

Reliable Attorneys Helping Clients Appeal Convictions or Sentences in Allen

The criminal justice system is not perfect. Issues such as errors in legal procedures, violations of constitutional rights, and improper jury instructions can lead to wrongful convictions or unjust sentences. Anyone who has been convicted of a crime has the right to file an appeal. After reviewing the details of your case, a higher court may decide to reverse your conviction, adjust your sentence, or order a new trial. Understanding your options for filing an appeal and navigating the legal system can be incredibly confusing. An experienced Texas criminal appeals lawyer can provide guidance on the steps you can take to protect your rights.

As former prosecutors, the attorneys at Barbieri Law Firm know how easy it is for mistakes to be made during criminal trials. With more than half a century of combined legal experience, our legal team can examine every detail of your case and build a strategic appeal. With over 275 five-star reviews, our satisfied clients can attest to our dedication to serving the residents of Allen and the surrounding communities with compassion and tenacity.

Understanding Criminal Appeals in Texas

The courts may consider a variety of factors when determining whether to review a prior conviction. Understanding these factors before planning a criminal appeal is essential to ensure that you will have the best chance of a successful outcome. Common grounds for filing an effective appeal include:

• An excessive or illegal sentence
• The legal standard for a conviction was not met
• Incorrect admission of evidence, improper jury instructions, or other errors made by a judge
• Jury misconduct, in which jurors discuss case details outside of the courtroom or base decisions on information not provided during the trial

Appellate courts typically will not review new evidence or reconsider witness testimony. They will look at whether errors occurred during a trial that led to incorrect or unjust results. The appeals process should not be viewed as a do-over or a second chance, but will instead focus on whether a case was handled correctly the first time around.

An appellate court will look at whether the outcome of a case would have changed if certain errors had not occurred. When an appeal is successful, the court may order a new trial, reverse a conviction, or modify a sentence.

How Do I File an Appeal?

The Lone Star State prohibits offenders from filing an appeal more than 30 days after the conclusion of a criminal case. Failure to file a notice of appeal within this timeframe may result in losing the right to appeal. A motion for a new trial, on the other hand, will usually need to be filed within 90 days.

After a person files a notice of appeal with the trial court, the appellate court will examine motions, transcripts, rulings, exhibits, and the final judgment. Criminal appeals may be reviewed by the Texas Court of Criminal Appeals after first being heard by an appellate court.

Alternative Ways to Challenge Convictions in Allen

While appeals will focus on potential errors that occurred during a trial, there may be other options for addressing issues that led to a wrongful conviction. A habeas corpus petition can address prosecutorial misconduct, ineffective assistance of counsel, or newly discovered evidence. These petitions will generally be filed after the appeals process has ended.

A writ of habeas corpus petition may include supporting documents while requesting certain actions that address a violation of a person's rights. Similar to the appeals process, a successful habeas corpus petition can lead to a modified sentence, an overturned conviction, or a new trial.

Reach Out to an Allen, TX Criminal Appeals Attorney

At Barbieri Law Firm, we understand how draining a criminal trial can be. While the appeals process can often be even more legally complex and confusing, that should not stop you from pursuing the justice you deserve. If you have been convicted of a crime, contact our Allen, Texas appeals lawyers at 972-424-1902 to arrange a free consultation and explore your options.