Archives: FAQs
You are entitled to be released on bond pending your appeal if your sentence was less than 10 years imprisonment. However, for convictions for certain violent offenses, you are not entitled to a bond pending appeal regardless of the sentence. Whether the court agrees to release you on bond while your appeal is pending depends…
Yes. If you pled not guilty, went to trial, and lost your case, you have an absolute right to file a direct appeal. If you were convicted in a federal court in Texas, you would appeal to the U.S. Court of Appeals for the Fifth Circuit. You can seek relief based on errors that occurred…
In most cases, a defendant waives the right to appeal if they enter a plea agreement in federal court. Your lawyer from Broden & Mickelsen, LLP can review your agreement to determine if you waived your right to appeal. If you pled guilty in federal court without a plea agreement, you can appeal your sentence…
In federal court, you must file a notice of appeal within 14 days of the written sentencing judgment in your case.
The answer depends on a lot of factors. Generally, it depends on how much material a court will need to review to make its decision. It typically will take several months and possibly more than a year until the appeal is resolved.
In most federal cases, you must begin serving your sentence while your appeal is pending. Nevertheless, we can file a Motion for Release Pending Appeal, which could allow you to remain on release pending appeal.
If you lost your appeal in federal court, you have 90 days to ask the U.S. Supreme Court to hear your case by filing a petition for writ of certiorari. Keep in mind that the Supreme Court agrees to hear less than 1 percent of the cases it is asked to hear each year. Usually,…
If you can make a bond (money to secure your release), then you will be released from jail, but only if you have no other holds. (A hold is a detainer placed on you by another governmental agency which requires you be held pending clearance of the hold. Example: If you had unpaid traffic tickets…
At the Frank Crowley Courthouse, offenses are prosecuted at the lowest level of Class B misdemeanor up to highest level of First Degree felony. Examples of the level of each type of offense and the possible ranges of punishment are as follows: Class B Misdemeanor– confinement for a term not to exceed 180 days in…
Misdemeanor Offenses: Misdemeanor cases are filed by the police agency with the District Attorney’s Office. If the District Attorney’s Office decides to prosecute the case, a document is created called an information. (The information is a written statement filed and presented on behalf of the State of Texas by the district attorney, charging the defendant…