After getting convicted for a crime you didn’t commit or receiving an unfair trial, you may wonder about your options to appeal wrongful convictions in Texas. Our board-certified criminal and appellate law specialists stand behind you and want to help you during this challenging time. Here is what you need to know about this critical issue.
What Is a Wrongful Conviction?
A wrongful conviction occurs when a judge or jury convicts a person of a crime they did not commit or convicts a person during an unfair trial that violated the person’s constitutional rights. When a person gets convicted of a crime they did not commit, they may pursue legal relief by seeking to overturn their conviction and dismiss their original charges. However, when a person receives an unfair trial, relief from a conviction may take the form of a new trial along with other relief to remedy the unfair aspects of the first trial, such as excluding evidence obtained through a violation of the defendant’s rights.
What Happens If You Are Wrongfully Convicted of a Crime?
When you get wrongfully convicted of a crime in Texas, you may have several options to challenge your conviction. First, a defendant may be able to raise any issues with the trial proceedings in a post-conviction or post-sentence motion. These motions bring potential errors to the trial court’s attention, allowing the trial court to correct those issues. Filing post-conviction/sentence motions also preserves possible errors during the prosecution for a direct appeal.
After a direct appeal fails to overturn a wrongful conviction, a defendant may have a viable claim to pursue under a writ of habeas corpus. A habeas corpus petition alleges that constitutional issues warrant overturning a conviction, such as a court imposing judgment of conviction without jurisdiction or an illegal sentence or the discovery of new evidence unavailable during the trial that proves the defendant’s innocence or could otherwise affect the outcome of the trial.
How Do I Appeal a Wrongful Conviction in Texas?
Filing a direct appeal of a conviction in Texas must follow a specific process. The steps of challenging a wrongful conviction include:
- Filing a notice of appeal – You must file a notice of appeal with the trial court within 30 days of the final judgment of sentence or the denial of your motion for a new trial. You must also pay a filing fee to appeal your conviction.
- Ordering the trial transcript – After filing a notice of appeal, you must order the trial transcript (which requires a separate fee paid to the court reporter). The transcript contains a record of the trial court proceedings you wish to challenge on appeal.
- Filing an appellate brief – Next, you must file an appellate brief that identifies the trial court’s error(s) and explains, with supporting case or statutory law, how the trial court erred in its decisions.
To give yourself the best chance of success in challenging your conviction, turn to a criminal defense attorney who can help file an appeal for a wrongfully convicted individual. Broden & Mickelsen, LLP has over 60 years of combined criminal defense experience and a significant track record of success in post-conviction relief proceedings.
Contact Our Wrongful Conviction Lawyers in Texas for a Free Case Review
When you need experienced legal advocacy to appeal a wrongful conviction, turn to the Texas criminal appeals lawyers from Broden & Mickelsen, LLP. Contact our firm today for an initial consultation to discuss your options for challenging a wrongful conviction in Texas.
