How Likely Are Criminal Appeals Successful?

what are the chances of winning an appeal

If you’ve been convicted of a crime, you may wonder, “What are the chances of winning an appeal?” While the statistics might seem discouraging at first glance, having the right criminal appeal lawyer can significantly improve your odds of success.

Criminal appeals serve as a crucial safeguard in our justice system, offering a path to rectify potential errors or constitutional violations that may have occurred during your trial. When considering an appeal, understanding the success rates and potential outcomes becomes essential for making informed decisions about your case.

What Are the Chances of Winning an Appeal?

According to U.S. Justice Department statistics, criminal appeals face challenging odds. Out of 798 federal cases appealed in Texas in a recent year, only 32 appeals achieved success:

  • Northern District – 132 appeals, ten rulings against the U.S.
  • Eastern District – 43 appeals, two rulings against the U.S.
  • Southern District – 304 appeals, seven rulings against the U.S.
  • Western District – 319 appeals, thirteen rulings against the U.S.

These figures translate to a success rate of approximately four percent. However, these numbers don’t tell the complete story, as success rates can vary significantly based on factors such as:

  • The grounds for appeal (constitutional violations typically present more robust cases)
  • The jurisdiction where the appeal is filed
  • The experience and skill of your appellate attorney
  • The specific circumstances of your case

What Happens If a Case Is Overturned on Appeal?

When you successfully get your conviction overturned on appeal, several outcomes may occur:

  • The case returns to the trial court for a new proceeding.
  • Prosecutors might offer a more favorable plea deal.
  • Charges may be dismissed entirely.
  • The court could modify the original sentence.

A knowledgeable and experienced appellate attorney can assess your case and inform you of its relative strengths.

Broden & Mickelsen’s Appeal Success Rate

While national statistics might seem discouraging, our firm’s appeal success rate tells a different story. In appeals handled by Clint Broden in a recent year, 22.3 percent were decided against the United States. This success rate is almost four times better than the national average and more than five times that of the Fifth Circuit. Additionally, Mick Mickelsen and Clint Broden’s success in trial courts prevents many cases from having to be appealed since our attorneys have four to five times better rates of handling cases that do not lead to a final conviction compared to national and state averages.

This exceptional success rate stems from our:

  • Board certification in both criminal law and criminal appellate law
  • More than 60 years of combined criminal defense experience
  • A comprehensive understanding of federal and state appeals
  • Proven track record in post-conviction relief proceedings

Why Experience Matters in Criminal Appeals

Successful appeals require more than just identifying potential errors. They demand:

  • A thorough understanding of complex legal precedents
  • Strategic selection of appeal grounds
  • Skilled legal writing and the ability to craft compelling legal arguments
  • Experience with specific appellate courts and judges

Our attorneys bring all these qualities to every appeal we handle, along with our board certification in criminal appellate law. Very few Texas attorneys hold this distinction, and we proudly offer our nationally recognized knowledge to every case we take on.

Contact Our Experienced, Board-Certified Criminal Defense Attorneys Today

If you are seeking to appeal your felony conviction, you might worry the odds of success are against you. However, with the proper legal representation, you can increase the strength of your claim. Broden & Mickelsen, LLP’s track record speaks for itself. We’re ready to put our board-certified skills and credentials to work for you. Contact us today for a free consultation. Let us evaluate your case and explain how we can help.

At Broden & Mickelsen, LLP, we are experienced Dallas criminal defense lawyers are dedicated to providing aggressive and ethical representation to individuals and businesses charged with crimes.