If your conviction and sentence were affirmed after a recent appeal, that does not mean you are out of legal options. An experienced criminal defense lawyer can guide you through the legal system and help you explore all possibilities for your case.
Legal Grounds for Appeal in Texas
If you were convicted of a crime and sentenced in a criminal court in Texas, you could appeal the lower court’s judgment by taking your case to a higher court. The higher (appellate) court can review the trial record and the lower court’s decision to determine whether it made any legal errors. Depending on the circumstances, your Dallas criminal lawyer could argue that the following errors occurred at the trial court level:
- Improper admission of evidence
- Inappropriate exclusion of evidence
- Lack of sufficient evidence
- Incorrect jury instructions
- Juror misconduct
- Excessive sentence exceeding sentencing guidelines
According to the Texas Rules of Appellate Procedure, the appellate court has the power to make any of the following rulings regarding the appeal:
- Affirm the lower court’s ruling
- Modify the judgment
- Reverse the lower court’s judgment in whole or in part and render the decision the lower court should have
- entered
- Reverse the lower court’s judgment and remand the case to the lower court for further proceedings
- Vacate the lower court’s judgment and dismiss the case
- Dismiss the appeal
Should the appellate court affirm the initial ruling, your criminal attorney can petition the Texas Court of Criminal Appeals to review your case.
Steps After Your Appeal Is Denied
If an appellate court affirms the decision from the lower court, your options for pursuing your case vary depending on the circumstances. After the denial of a Texas criminal appeal, your lawyer must file a Motion for Rehearing within 15 days to challenge the decision.
If the Motion for Rehearing is denied, your lawyer might file a Petition for Discretionary Review with the Texas Court of Criminal Appeals. If your case reaches this point, your lawyer must file the Petition within 30 days of the denial of your Motion for Rehearing.
The Texas Court of Criminal Appeals is the highest court to which you can appeal a criminal case in Texas. If the court denies your Petition, you could seek review by the U.S. Supreme Court, but the Court has the discretion not to hear your case.
If your Petition is granted, the court will hear arguments and issue a final judgment. A criminal defense attorney can help you understand what to expect and manage legal deadlines throughout the appeal process.
Contact a Dallas Criminal Defense Lawyer Today
If you’ve been found guilty of a crime and the court affirmed the conviction and sentence on appeal, you need an experienced Dallas criminal lawyer on your side. Get in touch with Broden & Mickelsen, LLP. Clint Broden and Mick Mickelsen are board-certified specialists in criminal and appellate law through the Texas Board of Legal Specialization. Call our attorneys today for a free consultation if you need help appealing an adverse ruling in your case.
