Sometimes the trial judges may not be able to interpret the case well. Even if the law was misapplied or there was a lot of biases in the judgment given by the court, you have the right to challenge the decisions given out by appealing his/her case. This process aims at overturning any wrongful convictions and this can reverse any unlawful incarcerations. Representing any criminal appeals in Texas before a court requires very detailed knowledge of the law, facts and sharp analytical skills.
Contact Robert Sirianni to discuss your appeal in McAllen Texas or call (888) 233-8895.
For so many, the criminal appeals attorneys in McAllen Texas have helped the clients in ensuring that they get a ruling which they are satisfied with. However, have you ever asked yourself the process of appealing for the case after a decision has been made in the lower court? If you wish to know this process, then you should read the guide below.
This’s the first document which voices your desire to file for an appeal and must be completed by a legal representative or appellant attorney. Normally, the deadline and guidelines for filing for a criminal appeal case will vary depending on the jurisdiction and at times they can be strict. In case you are filing your appeal case in McAllen Texas court, you must file a notice of appeal within 30-60 days after the court’s judgment. If you fail to comply with these deadlines you can jeopardize your criminal case.
After the notice of appeal is filed the McAllen Texas superior court will start to prepare for official transcripts which will document all the testimony and evidence which was presented during the trial of your case. The appellate lawyer McAllen will review all these materials so as to determine if the original case was done in the appropriate way and if the decisions made were legally sound. It’s important that you work with experienced criminal appeals attorneys in McAllen Texas who knows the kind of information that they should search for and how the court proceedings should have been conducted.
After a client has presented his/her case the criminal appeals lawyers in McAllen Texas will gather all the documents which were generated at the trial court. These documents are presentence investigations, court file, police reports, transcripts, experts reports, and exhibits.
The appellate lawyer McAllen will proceed on in reading all these documents carefully and writing down some detailed notes. In this case, the attorney can interview the client so that he/she can learn about the facts which are written down in the documents especially the facts before the attorneys’ promises and advice. Normally, the McAllen civil appeal attorney will try to locate and interview witnesses which the trial attorney may not have interviewed. In some case, the trial attorneys may fail to get present all the forms of the witnesses in achieving a successful argument.
The appellate lawyer McAllen must possess broad knowledge of the law for him/her to be able to identify the issues which could have made the client file for an appeal. This kind of analysis needs McAllen criminal appeals attorneys with a creative mind. The lawyer must have the ability to solve issues navigating through routes other than those which are used by the trial attorneys.
After gathering all the documents, the McAllen appellate law firm will be required to present a formal argument on behalf of you as to why you have appealed your criminal case. This process will include the analysis of the ruling offered by the lower court, where the error occurred and a legal justification which supports your criminal case. The respondent or prosecution in the criminal case will also be given an opportunity of responding to it. This involves ascertaining that an error occurred which influenced the original decision.
When it comes to an appeal case the burden of proof will shift to the defendant. In this case, you and your McAllen appeal lawyers will also be given a chance of rebutting the reply given by the prosecutor. Although you cannot be able to present any new evidence, you can at least point out the errors made that was brought up as the decision was being made in the lower court. This process is very hyper-technical and can be best handled by an experienced appellate lawyer McAllen.
Although the appellate briefs in McAllen are usually written down and presented before the court on your behalf, the appeal for the criminal case may also involve some oral arguments. The proceedings must highlight the finer facts of the case, explain the importance of the issues and offer clarity when questions are asked. In this case, it’s good that you work with McAllen criminal appeal lawyers who have a broad background in making good appellant arguments. In addition, in case the court makes a determination which you are not comfortable with, you have a chance of filing a petition for rehearing. This is not something that all trial lawyers have experience with and must be done as fast as possible.
Apart from pursuing a rehearing, after a decision has been made by the court of appeal, you will still have the option of McAllen appeals your criminal case to the supreme court. The petition for review will be the first process in this case and normally implies that you are requesting the Supreme court to take your case as being important. In case your petition case will be granted by the supreme court, the next step will involve a brief of merits. This involves you explaining why and how the ruling of the court of appeal was should be upheld or was incorrect.
By reading the above guide, you will be able to understand the whole process which is involved in criminal appeal cases in McAllen Texas.
Speak with an appellate lawyer.