Round Rock Criminal Appeals Attorney
Were you wrongfully convicted or sentenced?
If you are the victim of a miscarriage of justice and were wrongfully convicted
of a crime, you are in a very tough spot. With limited time in which to
file an appeal, and very stringent criteria for having any appeal approved,
at this critical juncture, you need a highly skilled Round Rock criminal
appeals attorney to take action for you. Our legal team is headed up by
a former Texas prosecutor with a Superb rating from Avvo. When your future
life and your freedom are at stake, you simply cannot take chances. Talk
to us at The Law Office of Ryan H. Deck immediately. Read our
testimonials so you have confidence in our ability to serve you professionally. As
an appeal must be filed within a few short weeks, there are many actions
that must be accomplished if you are hoping to finally get justice.
How the Appeals Process Works
An appeal is a legal request to take a case to a higher court to review
a decision made at a lower court. There is more than one chance to seek
an appeal; if the higher court refuses to allow a new trial, the case
can be brought before the next highest court of appeals. The facts that
will determine whether the appeal is granted are fairly limited; essentially,
the question is whether the prosecutor, judge and jury followed the letter
of the law during the proceedings, and if any violations took place, did
those errors or other violations impact the final outcome of the case
in any significant way.
The issues that could allow the appeals court to agree that another trial
should take place could involve admissibility of evidence, the withholding
of evidence by the prosecutor that should have been disclosed to the defense,
a misapplication of the law, errors in the process of jury selection or
in the instructions given to the jury, or a case in which there was insufficient
evidence to actually support a guilty verdict. A failure by a defense
lawyer who represented the accused to be effective could also allow the
appeals court to allow for a new trial, but these cases are fairly rare.
The process involves the filing of a written notice of appeal which must
be filed fairly quickly after the verdict. In order for the investigation
into the trial to take place, a full transcript of the trial must be prepared
by the court reporter. Once this is completed, the parties involved, including
the prosecutor and the convicted person and all others will be notified
by the appeals court.
Once this record has been filed, there is very limited time in which to
prepare what is termed a "brief." This is the document your
Round Rock criminal appeals attorney prepares that is a written statement
to the appeals court, outlining the issues in question, such as any challenge
to a specific ruling made during the proceedings that could have impacted
the outcome of the case. This brief includes the law or regulation that
was violated, as well as earlier court decisions about similar matters.
The prosecutor then has the opportunity to prepare a brief that challenges
A panel of judges reviews this material, and there may be an order for
oral arguments to be made by both sides. The judges, during this process,
have the opportunity to question the lawyers about the case about the
various legal issues in the appeal. After this process is completed, one
of the judges will prepare what is termed an "opinion," which
is actually a written statement outlining the decision of the panel, and
the legal matters that were raised by the attorney representing the convicted person.
It is clear that it will take great skill to prepare and present arguments
to the appeals court; most law firms do not get involved in the appeals
process, as it takes intensive work, research into case law, and is a
very different process than creating a defense case to present to the
court. At our firm, we are proud to serve in this capacity, and offer
our services to any person who has been a victim of a miscarriage of justice.
We fight for any advantage, and we urge you to call us immediately in
cases of an unfair conviction, or sentencing that violates the state guidelines.
Contact our Williamson County criminal defense attorney today for more information about criminal appeals.