When you are arrested for a crime, it can be difficult to remain hopeful about your circumstances. However, when you are convicted of an offense, you may feel like all hope is lost. Being wrongly convicted of a crime can be devastating. It is important to understand that you may be able to file an appeal to your criminal conviction with the assistance of Harris County criminal defense lawyers who can fight for you. The following blog explores what you must know about these matters and what the process looks like if you are eligible to appeal your conviction.
What Are the Grounds to Appeal Conviction?
It is critical to understand that you cannot appeal a criminal conviction simply because you are unhappy with the outcome of your trial. There needs to be an error in the case proceeding that warrants an appeal.
For example, if you were arrested under false pretenses, meaning the officer had no legal grounds to detain you, you may be able to prove that there was a lack of probable cause or no warrant. As such, you may be able to show that this arrest was Unconsitition, and may be able to appeal the conviction.
Another ground to overturn a conviction regards the jury. If you can prove instances of juror misconduct like researching outside facts on the case or the prosecution intentionally releasing information intended to impact the impartiality of the members of the jury, you may be granted an appeal.
Finally, if you receive ineffective counsel, it can be grounds to appeal your conviction. This is often the case when a defendant can show that their lawyer’s performance negatively impacted their case. Ineffective counsel can constitute a Sixth Amendment violation, which grants a criminal defendant the right to a fair trial.
What Does the Appellate Process in Texas Look Like?
If you want to appeal your criminal case, the first thing you must do, if you have not done so already, is to contact an experienced criminal defense attorney who can represent you through these matters. It is critical to understand that this process is not intended to introduce new evidence or retry your case. Instead, this determines whether or not a legal error was made during the original trial that impacted the outcome of the case.
Generally, your attorney will begin by presenting the court with the trial records before opening a brief. Once your attorney submits all records and briefs, your attorney and the opposing counsel will present oral arguments before the counsel determines the outcome.
As you can see, there are many important considerations you’ll need to make when you want to appeal your conviction. This can be overwhelming. It’s in your best interest to connect with an experienced attorney with the Sparks Law Firm, PC. We understand how difficult it can be to face a wrongful conviction, which is why we are ready to fight for you. Connect with us today to discuss your circumstances.
