When facing criminal charges in Texas, it is important to do everything you can to fight the charges. That way, you will protect your freedom and reputation. Sometimes, despite your best efforts, you might get convicted of a crime you did not commit. Or, you might receive a harsher sentence than you were hoping for – due to factors that are beyond your control. Fortunately, Texas law grants you the right to appeal your conviction in the appellate court; as long as you have a legitimate reason to do so. Depending on the circumstances, an experienced Austin criminal defense attorney might be able to get the lower court’s decision overturned. Here are some fighting case outcomes that you can expect.
Grounds for Appealing a Conviction in Texas
Fighting case outcomes can vary depending on the severity of the case. The most common grounds for appealing a criminal conviction in Texas include:
Improper Admission or Rejection of Evidence
If the lower court allowed the prosecution to present a piece of evidence that should have been rejected, you have the right to appeal your conviction. For example, if the evidence in question was obtained through an unlawful search or in violation of the provisions of the Texas code of criminal procedure, the court should not have allowed it. If it did, and if it led to your conviction, you might be able to get the decision overturned.
Similarly, if the court did not allow your criminal defense attorney to present a piece of evidence that could have reduced your sentence or gotten you acquitted, your new attorney can help you appeal your conviction.
Prosecutorial Misconduct
If the prosecution deliberately or unknowingly withheld exculpatory evidence that could have proved your innocence, you can appeal the court’s decision with legal guidance and support from a skilled and knowledgeable Austin criminal defense attorney.
Jury Misconduct
If the jurors failed to deliberate or if you believe that they were prejudiced or biased against you due to your race, ethnicity, religion, or any other reason, you have the right to question the impartiality of the jury and appeal your conviction on the same grounds. An experienced new lawyer can help you build a strong case for an appeal.
Ineffective Assistance by the Legal Counsel
Sometimes, the prosecution might be able to obtain a conviction despite having a weak case. That is largely due to your defense attorney’s poor performance. In such a scenario, you need to hire a new criminal defense attorney to challenge the outcome of your case.
Retaining the same attorney to appeal your conviction might be a bad idea. That’s because if the appellate court rejects your appeal to overturn the lower court’s decision, the only option left for you is to approach the Supreme Court and file a writ of certiorari.
It is often difficult to do, as the Supreme Court only accepts a limited number of cases. Plus, it can be very hard for you to convince them to accept your case. So, your best chance to get your conviction overturned is to hire a new attorney who has a demonstrable track record in handling appeals cases.
Looking for an Experienced Texas Criminal Defense Attorney to Appeal Your Conviction?
At Hines & Holub, we have a team of highly qualified, board-certified attorneys who have successfully handled several appeals cases over the years. We can assess your case as well as determine whether there are legitimate grounds for filing an appeal. In addition, we fight hard to get the decision overturned by the appellate court.
To talk to one of our focused and proven Austin criminal defense attorneys, call us today at 512-883-5386. Or, contact us online and schedule a free and confidential consultation.Â
