If you believe that judicial error led to your wrongful conviction in a criminal case, you have a legal right to file for an appeal. Perhaps a judge wrongfully barred certain testimony or the admission of some evidence or instructed a jury incorrectly. If so, an experienced Plano appeals lawyer may be able to take your case back to court and work for a remand. Reach out to a dedicated defense attorney today.
The Texas Code of Criminal Procedure, Article 44.02, discusses an individual’s right to an appeal. Generally, a criminal defendant has an opportunity for an appeal after final judgment by the court.
When the accused has pled guilty or no contest, however, they may need to obtain permission from the court to appeal that choice. A well-informed Plano appeals attorney may be able to assist with either type of action.
Whether a defendant can be released on bail pending appeal may depend on the type of charge that was brought originally.
If a person is appealing their conviction on a misdemeanor, or they are seeking a new trial, per Art. 44.04 of the state code of Criminal Procedure, they may be released from custody upon payment of reasonable bail.
For a felony with a possible sentence of ten years incarceration or more, a defendant may not be released on bail after filing an appeal. Moreover, certain convictions on first-degree felonies may disqualify an individual for freedom from custody.
If a conviction is for an unlawful act with a sentence of fewer than ten years, the court may grant bail, but it is not mandated by statute. An accomplished appeals lawyer in Plano may be able to argue successfully for a defendant’s release on bond if the circumstances make it feasible.
There may be occasions where a case is appealed to a county court from a municipal or justice court in Plano. Under Art. 44.17 of the Texas Code of Criminal Procedure, such cases are required to be heard de novo, which means they must be reviewed as though they were new.
In these types of cases before the county court, the tribunal is mandated by statute to look at the complaint before them as though the prosecutor had submitted it for a new matter.
The counsel for the defendant may only be able to have the case dismissed on the grounds of a defective complaint if they also motioned for this type of dismissal before the lower court’s proceedings. A seasoned appeals attorney in Plano will be well-prepared to file and refile motions on behalf of a defendant.
After a disappointing criminal trial that ends in a conviction, it may be difficult to stay hopeful. Fortunately, you have a legal right to appeal your conviction before a higher court.
The appeals process can be perplexing, and there are many intricate aspects of the preparation. A skilled Plano appeals lawyer may have a great deal of experience with the tasks required to be successful in appellate court. Contact the Wilder Law Firm today to schedule a consultation and learn about your options.