Austin Criminal Appeals Lawyer
Travis County Attorneys Ensuring You Received a Fair Trial
Being convicted of a criminal offense might not be the last word in regards to your case. If you feel your trial at the lower court was not done properly, you have the right to challenge the judgment and potentially have it reversed or a new trial ordered. The process is called an appeal. An appeal requires that an argument be presented to a higher court, demonstrating that legal errors occurred during the initial proceedings that resulted in your guilty verdict.
If true justice was not served, you might prevail at the higher court.
At Smith & Vinson Law Firm, our Austin appeals attorneys are here to guide you through the complexities involved in getting the lower court’s judgment overturned. We know how to develop compelling briefs to present to the appellate court reviewing your case. Our firm is committed to providing the highest levels of legal representation. To that end, we will answer your questions about the process, help you understand what to expect, and will thoroughly review the trial court’s transcript and relevant case law to develop a cogent brief challenging the judgment or sentencing you received.
Find out if your Texas criminal case merits an appeal by at (512) 359-3743!
Grounds for an Appeal in Texas
In a Texas criminal case, only you, as the defendant, have the right to appeal the trial court’s decision regarding its guilty verdict. Your appeal must be based on legal errors made during the entire lower court’s proceedings. When you appeal a decision, you are asking the higher court to review the lower court’s judgment in light of an issue that occurred. Because an appeal is not a new trial, you cannot present any new evidence or witnesses to support your assertions. The appellate court’s determination is based on the testimony and evidence admitted at trial and on written or verbal arguments that your attorneys will submit stating your claims, which will refer to relevant case law.
An appeal must be based on legal or procedural errors, such as:
- Constitutional violations
- Misinterpreting or misapplying the law
- Improperly instructing jurors
- Permitting inadmissible evidence
- Providing ineffective defense counsel
- Allowing prosecutor misconduct
- Wrongdoing committed by jurors
After reviewing the written or verbal briefs that it hears from both sides, the appellate court will decide whether the lower court did make errors in applying or interpreting the law. The appellate may reverse the lower court’s decision based on those facts. The errors must be important enough to have influenced the lower court’s decision; harmless errors that had no real bearing on the outcome will not be enough to win an appeal.
If the higher court validates the lower court’s decision or simply dismisses your appeal, your case will end there unless you wish to appeal to an even higher court. If the appellate court rules in your favor, it will likely send your case back down to the lower court for further action. The new action may be to order another trial, to take steps to modify the judgment or sentencing, or some other form of correction. Or the appellate court may reverse the lower court’s decision.
Why Choose Smith & Vinson Law Firm for Your Criminal Appeal?
When it comes to handling appeals, experience and expertise are crucial. At Smith & Vinson Law Firm, our Austin appeals lawyers have a proven track record in overturning convictions and securing favorable outcomes. We understand the complexities of appeals and are dedicated to providing strong and strategic representation for each case.
Here's why you should choose our Austin criminal appeal lawyers:
- We have extensive experience in handling appeals in Texas courts.
- We have a thorough understanding of the legal grounds for appeal in criminal cases.
- We offer personalized, attentive representation tailored to your specific situation.
- We have proven success in securing favorable outcomes for our clients.
- We offer a complimentary initial consultation to discuss your appeal options.
The appeals process is a complicated undertaking that utilizes a different skillset from an attorney. Our Austin appeals lawyers know how to file and write comprehensive legal briefs as well as make compelling oral arguments in such cases. Don't navigate the appeals process alone. When you need the best criminal appeal lawyers in Texas, trust the experienced team at Smith & Vinson Law Firm to fight for your rights and work towards a successful appeal outcome.
Contact us at (512) 359-3743 to discuss your case today with our Austin appeals lawyers.
Texas Criminal Appeals FAQ
What is the process for appealing a criminal conviction in Austin, TX?
To appeal a criminal conviction, you must demonstrate legal errors that occurred during the proceedings that resulted in your verdict and sentencing. An appeal requires presenting an argument to a higher court, without presenting new evidence or witnesses, based on the testimony and evidence admitted at trial and written or verbal arguments.
What happens if the appellate court rules in my favor?
If the appellate court rules in your favor, it may send your case back down to the lower court for further action, such as ordering another trial, modifying the judgment or sentencing, or reversing the lower court’s decision.
How is the appeals process different from a trial case?
The appeals process involves more than one judge, relies on the quality of written and oral arguments, and is based on the record of the lower court’s proceedings, rather than presenting new evidence or witnesses.
How much does an appeal cost?
The cost of an appeal can vary widely depending on the complexity of the case and the length of the trial record.
Can I appeal a plea bargain in a criminal case?
Generally, you cannot appeal a plea bargain if you voluntarily entered the plea. However, there may be exceptions if you can prove that the plea was entered involuntarily or due to ineffective assistance of counsel.
What are the possible outcomes of an appeal?
The appellate court can affirm (uphold), reverse (overturn), or modify the lower court's decision. In some cases, the court may remand the case back to the trial court for further proceedings.
How long does the appeals process take?
The duration of the appeals process varies depending on the complexity of the case and the court's schedule. It can take several months to over a year for an appellate court to issue a decision.
How long do I have to file an appeal in Texas?
In most cases, you must file a notice of appeal within 30 days of the trial court's final judgment or order. However, specific deadlines can vary, so it's essential to consult with an appellate lawyer promptly.
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
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Check Out Our Recent Case Results
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Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
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Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
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Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
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Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
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Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation
