If you’re facing a criminal conviction in Houston and believe there were errors during your trial, you might be considering an appeal. Hiring the right appeals lawyer is crucial to ensure your case gets the attention it deserves.
Here’s what you should know before choosing a criminal appeals lawyer in Houston, with local context to guide your decision.
What Is A Criminal Appeal?
A criminal appeal is the process by which a higher court reviews the decision made in your case. This isn’t a new trial — the court examines whether legal mistakes were made during the original trial that could have affected the outcome.
In Houston, this review is typically conducted by courts such as the Texas Court of Criminal Appeals, which is located in Houston.
Why You Might Need a Criminal Appeals Lawyer in Houston
You might need an appeals lawyer in Houston for several reasons:
1. You Believe There Was a Mistake During Your Trial:
If there were legal errors like improper jury instructions or wrongly admitted evidence, an appeal might be your chance to correct these mistakes. Houston’s appellate courts, including the Texas Court of Criminal Appeals, are tasked with reviewing these types of issues.
2. You Want to Challenge Your Conviction or Sentence:
If you feel your conviction was unjust or your sentence too harsh, a Houston appeals lawyer can help argue for a reduction or even overturn your conviction.
3. You Were Denied a Fair Trial:
Whether it was ineffective legal representation, prosecutorial misconduct, or jury bias, a criminal appeals lawyer in Houston can help challenge these errors. Texas courts are keenly focused on ensuring defendants receive a fair trial under the law, and local lawyers are familiar with how to navigate this complex terrain.
What to Look for in a Criminal Appeal Lawyer in Houston?
Choosing the right appeal attorney in Houston is essential. Here are the key factors you should consider:
1. Experience with Appeals in Texas Courts:
Not all criminal defense lawyers handle appeals. In Houston, it’s essential to hire a lawyer who specializes in criminal appeals, ensuring they are familiar with Texas appellate law.
2. Track Record of Success:
Look for a lawyer with a proven history of successful appeals. A lawyer who has worked with cases similar to yours will have valuable insight into local judicial trends and procedures.
3. Familiarity with Houston’s Court System:
Houston’s legal system, including Harris County courts, operates with specific procedures that local attorneys are familiar with. This can improve the outcome of your case.
4. Local Case Evaluation:
A good lawyer will carefully review your case before deciding whether an appeal is possible. They should be honest about the chances of success and provide clear guidance.
The Appeal Process In Houston
Understanding the appeal process will help you know what to expect when working with an appeal attorney in Houston. Here’s a breakdown:
1. Filing the Notice of Appeal: The first step is filing a notice with the court, usually within 30 days of the conviction. In Houston, this is typically filed in the First Court of Appeals for cases originating in Harris County.
2. Preparing the Briefs: The lawyer will file a written argument (brief) explaining why the conviction should be overturned. The prosecution will respond, and your lawyer can reply. This is where a local lawyer’s expertise in Houston and Texas law is essential.
3. Oral Argument: In some cases, the court may schedule an oral argument. This is where both sides present their case before a panel of judges. Lawyers familiar with Houston’s appellate judges will know how to present the case most effectively.
4. The Decision: After reviewing the briefs and hearing arguments, the appellate court will issue a decision. They could uphold the conviction, overturn it, or order a new trial.
Common Mistakes To Avoid In Houston
Before hiring an appellate lawyer in Houston, avoid these common mistakes:
1. Choosing a Lawyer Without Appeal Experience: Not all criminal defense attorneys handle appeals. Be sure your lawyer specializes in appellate law to maximize the chances of success.
2. Hiring Based on Cost Alone: While cost is essential, the experience and expertise of your lawyer should be the priority. A cheaper option may not provide the best representation in an appeal.
3. Waiting Too Long: There are strict deadlines for filing an appeal. In Texas, you generally have 30 days from your conviction to file a notice of appeal. Delaying could result in losing your chance to challenge your conviction, so acting quickly in Houston is essential.
What Happens After The Appeal?
Once your appeal is decided, there are a few possible outcomes:
- Conviction Upheld: The court may decide your conviction was correct.
- Conviction Overturned: If the court finds significant errors, it might overturn your conviction.
- New Trial: If the court finds that you did not get a fair trial, they may order a new one.
Final Thoughts
Choosing the right appeals lawyer in Houston can significantly impact the outcome of your case. Focus on experience, communication, and local expertise when selecting an appeals attorney. Ask about their approach and past successes to make an informed decision. Houston’s local courts have their nuances and rules, so working with a lawyer familiar with the Houston legal landscape is critical.
If you’re considering an appeal, act quickly and consult with a skilled appeal attorney in Houston to guide you through the process.
