Facing a criminal appeal here in Texas can be daunting, but you don’t have to do it alone. Navigating the complex legal system requires expertise in procedures that, if not diligently followed, could result in a dismissal despite having a valid case. Let’s break down the essential steps you’ll need to take to improve your odds of a successful appeal.
Step #1: Hire a Specialized Appellate Attorney
One common misconception is to continue with the same lawyer who handled your trial. While they may be familiar with your case, appeals require a specialist. Jacob Blizzard, dual board-certified in criminal appeals and criminal defense, emphasizes that appellate law is a niche requiring a distinct skill set compared to trial law. Just as you wouldn’t ask your family doctor to perform heart surgery, you need an appellate attorney skilled in legal strategies specific to appeals.
Step #2: File a Timely Notice of Appeal
Once you’ve secured your appellate attorney, they will ensure your Notice of Appeal is filed promptly. Timing is crucial as missing these timeline windows can forfeit your right to appeal.
Step #3: Examine the Trial Record
An appeal hinges on the trial record, encompassing transcripts, pleadings, and evidence. Your appellate attorney will meticulously review these documents to identify errors that could form the basis of your appeal, such as:
- Ineffective counsel
- Faulty jury instructions
- Jury or witness tampering
- Judicial misconduct
- Prosecutorial misconduct
- Errors in evidence admissibility
- Procedural mistakes
Step #4: Develop and Submit Your Brief
The brief is the foundation of your appeal. Your attorney will draft a compelling narrative highlighting trial errors and their impact on your conviction. This process demands years of experience to master. The prosecution will respond with their brief, and your lawyer may file a reply to counter their arguments.
Step #5: Engage in Oral Arguments
Some appeals are resolved through oral arguments, while others rely solely on written briefs. Regardless, having an experienced appellate attorney like Jacob Blizzard ensures that your case is presented effectively, whether in writing or verbally, to the appellate court.
Step #6: Await the Decision
The appellate court will issue a written decision. You have to be patient, as this will take time, we’re talking months in many cases. If favorable, you might receive a new trial or have your conviction overturned. In some cases, the appeal may be denied. If you are denied, your attorney will guide you through potential next steps, such as further appeals.
Why You Need an Experienced Appellate Attorney
Having a seasoned appellate lawyer is vital. They bring fresh insights to your case, they are experienced in identifying trial errors. With Crimnal Defense and Criminal Appeals Board Certified Attorney Jacob Blizzard at your side, you gain an expert well-versed in the nuances of appellate law, significantly boosting your chances of a successful outcome.
Don’t leave your future to chance – contact us today schedule a consultation with criminal appeal attorneys Jacob Blizzard, Sarah Durham, or Morgan Walker to discuss how we can help appeal your conviction.
