Archives: FAQs
Absolutely. The probation officer will do the preliminary calculation of your sentencing guidelines and, therefore, will have a great deal of influence on your ultimate sentence. Your lawyer owes it to you to attend this critical meeting in order to make sure that nothing is said that could have a detrimental effect on how your…
Following a trial, you may appeal to the U.S. Court of Appeals provided you file a Notice of Appeal within 14 days of the judgment. Following a guilty plea, you may appeal if you did not waive your right to appeal. If you lose an appeal in the Court of Appeals, you can ask the…
Parole has been abolished in the federal system. If you are sentenced to prison, you are eligible for 54 days of good time credits for sentences of more than one year. Therefore, you will usually serve about 85 percent of your sentence. If you can demonstrate an alcohol or drug problem, it is also possible…
If you went to trial and lost your case, you have an absolute right to appeal in Texas. Generally, to be successful in getting the appeals court to give you a new trial, your attorney will need to show that the trial court made a mistake in your case. The court of appeals does not…
In most cases, waiving your right to an appeal is a condition of accepting a plea agreement or plea bargain. However, you might still be able to file an appeal if you filed a written motion that was denied, such as a suppression motion, you reserved the right to appeal, or your appeal turns on…
Under Texas law, you must file a notice of appeal no later than 30 days after your sentence. You may be barred from filing an appeal if you miss this deadline. This deadline is why it is vital to work with an experienced criminal defense appeals lawyer in Texas.
This question has no general answer. Each case is different. Many factors can determine how long it takes to resolve an appeal in a criminal case in Texas. The length of time required for your case will depend on the nature of the charges you faced at the trial level, what kind of issues you…
Just because you win your appeal, it doesn’t mean your conviction is automatically erased. For example, if the appeals court determines that certain evidence in your case was inadmissible, it might order the lower court to conduct a new trial without including that evidence. Of course, in light of the error that led to the…
Once the appellate court has decided, you may ask for a rehearing. However, this motion is almost never granted. You also have the right to file a Petition for Discretionary Review with the Court of Criminal Appeals, asking it to hear your case. If you lose at the Court of Criminal Appeals, the next step…
The Texas criminal justice system has 14 appeals courts. Each of these courts has a panel of judges with at least three judges presiding over every appellate case. In some instances, more than three judges will oversee an appeals case.