Fort Bend County Appeals Attorney

Appealing a Conviction in Fort Bend County, TX - U.S. Court of Appeals for the Fifth Circuit

Criminal convictions are still possible, even with an aggressive Fort Bend County criminal defense attorney on your side. If you feel that you were wrongfully charged or convicted of a crime that you did not commit, or if you think that your penalties were exceptionally harsh, then you may be able to appeal your case before the U.S. Court of Appeals for the Fifth Circuit with a lawyer who is admitted to this court – like our attorneys.

In an appeal, you and your attorney will work together to determine if you were wrongfully convicted of a crime or if your penalties were too harsh for the crime that was in question. When you work with our firm – Rosen & Kovach, PLLC – then you will be working with an attorney who is dedicated to helping you obtain the legal representation that you deserve in your time of need.

The Importance of Timely Action in Appeals

Time is of the essence when it comes to filing an appeal. There are strict deadlines for filing a Notice of Appeal and subsequent documents. Missing these deadlines could result in your case being dismissed or your appeal being denied. The sooner you consult with a Fort Bend County appeals lawyer after receiving an unfavorable decision, the better your chances of securing a favorable outcome.

Benefits of Filing an Appeal

Filing an appeal can be a complex and daunting process, but it also presents a crucial opportunity to seek justice and rectify potential errors made during your trial. At Rosen & Kovach, PLLC, our Fort Bend County appeals attorneys believe that every client deserves a fair chance to have their case reviewed thoroughly. 

Here are some key benefits of pursuing an appeal:

• Opportunity for Re-evaluation: An appeal allows a higher court to review the trial court's decision, which can lead to a reversal or modification of the original verdict.
• Addressing Legal Errors: If there were mistakes in the application of law during your trial, an appeal gives you the chance to challenge those errors and potentially have your conviction overturned.
• Preserving Your Rights: The appeals process ensures that your legal rights are upheld, providing a safeguard against unjust convictions.
• Potential for Reduced Sentences: Even if the conviction is upheld, the appeals process can sometimes result in a reduction of your sentence.

The Criminal Appeals Process in Texas

In Texas, the appeals process follows a specific set of steps, and understanding each part is crucial to effectively challenging a decision. The process begins once a judgment or order has been made in your case, and you or your legal team believe there has been a legal error that warrants a review.

The first step is to file a Notice of Appeal, which informs the court and the other party that you intend to challenge the decision. This notice must be filed within a specified period, usually 30 days from the judgment date, depending on the type of case.

In a criminal appeal process, briefs are submitted to an appellate court along with a copy of the trial transcript. This transcript will be fully reviewed for errors. If errors are found that could have ultimately changed the verdict of the case, then you may be able to change the ultimate outcome of your case. Depending on the nature of the crime that was committed, some cases will allow you to plead guilty to the offense with a sentence of time served.

After reviewing the case, the appellate court will issue its decision, which may affirm, reverse, or remand the case. If the case is remanded, the lower court may be directed to take specific actions, such as holding a new trial or reconsidering a decision.

Having a dedicated Fort Bend County appeals lawyer by your side can increase your chances of success in the appellate process.

Grounds for Appeal in Texas

In Texas, an appeal is not simply a do-over of a case. Instead, it is based on challenging legal errors made during the trial. The appellate court does not re-examine the facts but instead reviews whether the trial court made decisions that were legally incorrect. 

Common grounds for appeal in Texas include:

• Errors in Law: The most common basis for an appeal is a claim that the trial court made an error in interpreting or applying the law. This could include misapplying legal standards, incorrect jury instructions, or improper rulings on legal motions during the trial.
• Evidentiary Errors: If evidence was improperly admitted or excluded during the trial, it could form the basis of an appeal. This might include the admission of hearsay evidence, the exclusion of key evidence, or other procedural mistakes related to how evidence was handled in court.
• Ineffective Assistance of Counsel: If your trial attorney failed to provide competent representation—whether through failing to present key evidence, failing to object to inadmissible evidence, or offering ineffective legal strategies—it can be a valid reason for an appeal.
• Jury Misconduct: If there is evidence of misconduct during the jury deliberations, such as improper communication with outside parties, bias, or failure to follow jury instructions, it may provide grounds for an appeal.
• Sentencing Errors: In criminal cases, a claim of an improper sentence, such as a sentence that exceeds the legal maximum or a violation of sentencing guidelines, may be grounds for an appeal.
• Abuse of Discretion: This applies when a trial judge makes decisions that are arbitrary or unreasonable, such as granting or denying motions without considering the relevant law or facts.

Why Do You Need an Appeals Attorney in Fort Bend, TX?

An appeals attorney in Fort Bend, TX can help you navigate the complex appeals process and increase your chances of success. Some specific reasons why you may need an appeals attorney include:

1. Understanding the rules and procedures of the appeals court: Appellate law is different from trial law and has its own set of rules and procedures that must be followed. An appellate attorney will be familiar with these rules and can ensure that your case is properly presented to the appeals court.
2. Identifying and preserving errors: An appellate attorney can review the trial court record to identify any errors that may have occurred during the trial that could be grounds for appeal. They can also take steps to preserve these errors for appeal.
3. Drafting and filing briefs: Appellate attorneys are experienced in drafting briefs, which are legal documents that present the facts and arguments of your case to the appeals court. They can also file these briefs with the appeals court and ensure that they are in compliance with the court's rules and deadlines.
4. Representing you at oral argument: An appellate attorney can also represent you during oral argument, which is an opportunity for you to argue your case in front of the appeals court. They can help you to prepare for this argument, and to present your case in the most persuasive way possible.
5. Having a good legal representation: Having a good appellate attorney increases your chances of success by presenting a strong case in the appeals court and negotiating with the prosecution.

Work with a Criminal Defense Attorney in Fort Bend & Harris Counties

Do you have questions about your appeals process? You need to contact Rosen & Kovach, PLLC right away. Our appeals attorney in Fort Bend and Harris Counties will work directly with you to ensure that you are able to receive a positive outcome for your case. If any errors in the handling of your case are found, you can guarantee that I will use this as a line of attack to ensure that your case comes to a favorable verdict or outcome.