Can I Appeal My Criminal Conviction?
“We the jury find the defendant – guilty.”
Few words are more terrifying than a guilty trial verdict or a judgment of conviction. Panic can set in as people envision their future slipping away. You may wonder: Do I have options? Can I appeal my criminal conviction?
The answer is yes, but acting fast and hiring a skilled Austin criminal defense attorney who specializes in appeals is key. After being found guilty by the state of Texas, a person has only 30 days to notify the courts if they plan to appeal. If the case is a federal one, then the person has only 14 days. An appellate lawyer such as Chris Perri based in Travis County can help you do this.
Yes, you may have been convicted of a crime, but don’t lose hope just yet.
What exactly is an appeal?
An appeal is a request to a higher court to overturn a ruling by a lower court. Put simply, you – the appellant – are asking a group of appellate judges to agree that they think one or more of the decisions the judge made during your trial was unfair. If the higher court of judges is persuaded, then you’ll get a new trial. If they are not, the fight still isn’t over. You can appeal again to an even higher court, and then again, all the way up to the United States Supreme Court.
Once completed, the appeal itself is a document often as long as a book. The appeal is a highly technical work, which is why it’s essential to hire a skilled appeals lawyer to write it on your behalf. Your appellate attorney will include extensive case law and legal research to support why your trial judge’s rulings were unfair and unlawful.
An appeal is NOT the time to introduce new evidence that could prove your innocence. An appeal only deals with the record already in existence—basically what happened at your trial. If you’ve been convicted and have new information that you want considered, then you’ll need to file something different, called a Writ of Habeas Corpus. Find out more about Writs of Habeas Corpus here. A criminal defense attorney with expertise in post-conviction law can help you decide which route – an appeal or writ – makes the most sense for your unique situation. Sometimes, people pursue both.
How long does an appeal take in Texas? How does it work?
The appellate process can take time—months, or even years. However, the quicker you act, the quicker the process will be. The first step is to hire an Austin attorney and notify the courts of your intent to appeal. Then, your appeals lawyer will need to review the transcript of your trial or hearing to find potential errors made by the judge.
Next, the attorney will write the appeal and send it to the higher court. If the higher court finds the appeal intriguing, then they will ask you and your attorney to appear before them for an oral hearing, which is where your lawyer will argue your case in person.
Afterward, the judges may take up to several months to write up their opinion explaining why they decided to either grant you a new trial or not. If they deny your appeal, then you can start the process again with the court above them.
How much does a criminal appeal cost?
If you decide to hire an appellate lawyer instead of use a court-appointed attorney, the cost is typically around $25,000-$35,000, however the price can vary depending on several factors, such as length of trial and severity of the charge. To learn more about our pricing at Chris Perri Law, click here.
How do I choose the right criminal defense attorney for my appeal?
It is essential to find a lawyer with extensive post-conviction experience – something most criminal defense attorneys don’t have. You want someone who understands the ins and outs of the process, is a wizard at legal research, and has a track record of proven results.
Chris Perri is that lawyer. Based in Travis County and practicing throughout Texas, he is an ardent researcher who believes no detail is too small, and he has successfully persuaded judges many times to side with his clients on complex issues.
Through both appeals and writs of habeas corpus, he’s helped people overturn their convictions and get their lives back. If you or someone you care about has been arrested or convicted, don’t wait a moment longer before contacting Chris Perri at (512) 269-0260 or www.chrisperrilaw.com for a free consultation today.