Why You Need a Criminal Appellate Lawyer

Being convicted of a crime in Texas is not always the end of the legal process. However, hiring a criminal appellate lawyer is essential to challenging a conviction. Criminal appeals lawyers bring specialized knowledge to examine trial records, identify legal errors, and argue cases before higher courts. Their deep understanding of complex laws and experience with the appeals process can mean the difference between an upheld conviction and a successful appeal.

If you are considering appealing a criminal conviction in Texas, the criminal appellate lawyers at Broden & Mickelsen are ready to help. We offer comprehensive representation at both the trial and appellate levels in state and federal cases. With us on your side, you will have the trusted legal support you need to feel confident about your case’s prospects. Call us today or contact us online for a free consultation with a board-certified criminal appellate specialist.

Differences Between Trial Lawyers and Appellate Attorneys

Appellate attorneys fulfill a different function from trial lawyers. Trial lawyers focus on presenting evidence, questioning witnesses, and arguing before juries. They build cases around facts and work to prove or disprove specific events.

By contrast, a criminal appellate attorney examines how the trial court applied the law. Their work begins when a trial attorney loses a case and wants to challenge the outcome issued by a lower court to a higher court. The higher court reviews the decisions of the lower courts. These specialists review court transcripts and legal documents to identify potential errors that could have affected the case’s outcome. They craft detailed written arguments and present oral arguments before judges in appellate courts.

What Does an Appellate Lawyer Do?

A criminal defense appellate attorney serves as your advocate after a criminal conviction. Their primary responsibilities include the following:

• Record review: An appellate attorney thoroughly examines trial transcripts and court documents to identify potential grounds for appeal.
• Legal research: Appellate attorneys analyze relevant case law, statutes, and legal precedents to support appeal arguments.
• Brief writing: An appellate attorney crafts compelling written arguments that outline trial court errors and explain why the conviction should be overturned.
• Oral advocacy: Appellate attorneys present arguments before appellate judges and respond to their questions about the case.

Appellate attorneys might challenge convictions based on various grounds, including:

• Improper jury instructions: When judges give jurors incorrect or unclear directions about applying the law, these mistakes can lead to wrongful convictions. For example, if a judge fails to explain self-defense properly, jurors might not know when they can consider it.
• Evidence mishandling: Courts must follow strict rules about what evidence they can allow at trial. If they admit evidence from an illegal search or allow testimony about prior unrelated acts that unfairly prejudice the jury, this can justify an appeal.
• Constitutional violations: Every person has fundamental rights during a criminal trial, including the right to confront witnesses, to remain silent, and to receive effective legal representation. You may have grounds for appeal if a court or law enforcement infringes on these rights.
• Procedural errors: Courts must follow specific rules throughout a trial. These rules might pertain to jury selection, allowing defense attorneys adequate time to prepare, or ensuring that prosecutors share all relevant evidence with the defense. Failing to follow these procedures can result in an unfair trial.

What to Look for in a Criminal Appellate Lawyer

Choosing the right appellate criminal defense attorney can make all the difference. Your appeal’s success or failure often hinges on your legal representative’s knowledge and capabilities. A criminal appeal requires different skills than a trial. Not every criminal defense lawyer possesses the specific experience needed to handle appeals effectively. Your choice of attorney can determine whether the appellate court understands and accepts your arguments.

When evaluating potential appellate attorneys, consider these essential qualities:

• Specialized experience: Look for attorneys who dedicate their practice to appeals and can effectively handle complex legal arguments. Board certification is one metric of this experience.
• Track record of successful results: Seek lawyers with a history of successful appeals and extensive appellate court experience.
• Writing ability: Strong legal writing skills are crucial for crafting persuasive appellate briefs.
• Analytical skills: Your attorney should excel at identifying legal issues and developing compelling briefs.
• Good communication: Choose someone who explains complex legal concepts clearly and keeps you informed throughout the process.

Why Choose Broden & Mickelsen

Choosing Broden & Mickelsen, LLP for your criminal appeal means selecting a trusted firm with a proven track record of success. Led by Clint Broden and Mick Mickelsen, our Dallas-based team has a reputation for sophisticated defense strategies in serious criminal cases. Our lawyers are board-certified by the Texas Board of Legal Specialization as specialists in both criminal law and criminal appellate law, a rare distinction among defense attorneys.

Our firm brings several key advantages to your appeal:

• Proven success: Our team has secured numerous victories in complex criminal appeals.
• Comprehensive approach: Our unique team approach benefits every case we handle by combining the experience of both partners, leading to more robust and effective defense strategies.
• Specialized knowledge: Our deep understanding of appellate law helps us identify winning arguments.
• Strategic thinking: We develop sophisticated approaches tailored to each unique case.

Our appellate case results deliver meaningful post-conviction relief to our clients. Our notable successes include overturning convictions in serious cases involving charges of aggravated sexual assault and drug distribution, sometimes leading to significantly reduced sentences or outright acquittals.

Contact the Board-Certified Criminal Appellate Specialists at Broden & Mickelsen

Time matters in criminal appeals. Strict deadlines govern when you can file an appeal, and missing these deadlines could cost you your right to challenge a conviction. Our team is ready to review your case and explore every avenue for appeal.

Don’t let a wrongful conviction determine your future. With more than 60 years of combined experience, the criminal appeals attorneys at Dallas at Broden & Mickelsen have the experience to fight for your rights and pursue justice through the appeals process. Call us now or complete our online contact form for a free, confidential consultation. Let our board-certified specialists put their experience to work for you.