McKinney, TX Criminal Appeals Lawyers

Skilled Attorneys Helping Clients File Criminal Appeals in McKinney

A criminal conviction may not always be justified. In some cases, a person may be able to challenge the outcome of their case. If you think the laws were not correctly applied to your case, or if you believe that there were errors that led to an incorrect verdict or sentence, you will need to understand your options for appealing the outcome of your case. If you have been convicted of a crime in McKinney, Texas, an appeals lawyer can help you understand your rights and advise you of your best options.

The criminal defense attorneys at Barbieri Law Firm have decades of combined experience. With over 275 five-star reviews, our clients can testify to our commitment to advocating for and defending their rights. Whether your case involved sex crimes, drug offenses, or white collar crimes, we can help you determine whether you may be able to change the outcome of your conviction.

How Can I Qualify for a Criminal Appeal?

Before you can begin pursuing or planning a criminal appeal, you should understand the many factors that courts may consider when choosing whether or not to review a conviction. Sometimes, legal errors can affect the outcome of a case. Factors that could be used to build a strong appeal include:

• Improper jury instructions, incorrect admission of evidence, or other legal errors made by the judge
• Insufficient evidence that may not have met the legal standard for conviction
• Juror misconduct, which may involve discussing case details outside the courtroom or basing decisions on information that was not provided during the trial
• An illegal or excessive sentence

An appeals court may modify a sentence, reverse a conviction, or order a new trial if the defense can demonstrate that errors influenced the sentence or verdict.

Appellate courts generally will not reconsider witness testimony or credibility or review new evidence. Instead of serving as a "do-over" for a criminal trial, the appeals process will focus on asking whether the outcome of a case would have been different if certain mistakes had not been made.

In some cases, an appeal may address ineffective assistance of counsel in which a person believes that their attorney did not take the proper steps during their defense. However, these cases may involve facts that were not included in the trial record, so other post-conviction procedures may be appropriate when addressing these concerns.

Filing an Appeal in Texas

Under Texas state law, a defendant convicted of a misdemeanor or felony must file a notice of appeal no later than 30 days after the conclusion of the criminal case. A notice of appeal must be filed within this time period. Missing this deadline may result in the loss of the chance to appeal.

Appellants will need to meet other deadlines after filing a notice of appeal. These deadlines will determine when additional documents can and should be filed. If you and your legal team are planning to file an appeal, acting quickly within the state's guidelines can ensure that your case will receive the proper consideration.

Alternative Ways to Challenge Convictions

While appellate courts may address errors during a trial, a habeas corpus petition may be filed when addressing issues such as newly discovered evidence, misconduct by prosecutors, or ineffective assistance of counsel. This type of petition can be filed after the direct appeal process is over.

A petition for a writ of habeas corpus will outline the issues being addressed, provide supporting documents, and detail the requested actions. A successful petition may result in a new trial, an overturned conviction, or a modified sentence.

Meet With a McKinney, Texas Criminal Appeals Attorney

Defending against criminal charges can be hard enough the first time around, but appeals and post-conviction issues can be even more complicated. To determine whether you may appeal your conviction or sentence, contact the McKinney criminal appeals lawyers at Barbieri Law Firm by calling 972-424-1902 and setting up a free consultation.