All is not lost! If you or a loved one believed the trial judge, the jury, or even your own attorney made a mistake then you can fight for another chance at freedom. An appeal is a process in which you can get another opportunity to fight for justice.
When you have the law firm of Walter J. Pink & Associates, PC fighting for you, the premier team of Houston criminal defense attorneys, you can rest assured that you have the best team of Appellate lawyers on your side. Get the justice you deserve,
call our office at (713) 664-6651 for a free case consultation.
Why Choose Walter J. Pink & Associates, PC?
When facing the aftermath of an unfavorable verdict, having a skilled legal team is crucial. Walter J. Pink & Associates, PC is here to fight for your rights and pursue justice on appeal. Our team of Houston appeals attorneys offers:
- Extensive Experience —With over five decades of legal expertise passed down through three generations, our firm has a strong track record of successfully handling complex appeals.
- Respected Reputation —We’ve built a solid reputation for achieving positive results on appeal, backed by numerous client testimonials and successful case outcomes.
- Determined Advocacy —Our legal team is relentless in seeking justice, meticulously examining every detail of your case to ensure that your rights are fully upheld throughout the appeals process.
The Importance Of A Criminal Appeal
Why Appeals Matter
Criminal appeals are a crucial aspect of the legal system in Texas. They offer individuals who have been convicted of a crime the opportunity to challenge their verdict or sentence. In a state where the criminal justice system can be unforgiving, an appeal can be a lifeline for those seeking justice and fairness.
Defining Appeals in Houston
An appeal is simply a legal mechanism where you can show and demonstrate to a court of a higher power that the legal system failed you. The goal of an appeal is to be granted a new trial. A motion for a new trial and an appeal are different legal mechanisms that many people misconstrue.
Reasons for an Appeal?
Errors
This is the most common and most prominent grounds for an appeal in Texas. These appeals are based on mistakes made in the trial process. These errors can come from judicial misconduct, actions by the prosecution, and/or mistakes made by jurors:
- Some examples include if the judge allowed inadmissible evidence, if the prosecution unduly influenced or tainted the jury, or if the jury used outside information and/or evidence to reach their conclusion.
- There are many potential errors that are grounds for an appeal, so call our team of Houston Appeal Attorneys today to go through every detail of your case to find any appealable errors.
Ineffective Assistance of Counsel
If your attorney was incompetent or otherwise inadequate then you have a straightforward path to an appeal. The bar for an appeal based on ineffective assistance of counsel is high and the attorney’s errors would have to not only be egregious but you would also have to demonstrate that if you had a competent attorney a different outcome is probable.
Post-Appeal Options
Depending on the outcome of the appellate court’s decision, there may be further options available, such as pursuing a higher-level appeal or seeking post-conviction relief. We’ll explore all avenues to ensure your rights are protected.
Need more information? View our criminal law FAQ page today.
What is the difference between an Appeal and a Writ?
A writ is addressed and sent to the court that sentenced you whereas an appeal is addressed to the higher court above the sentencing court. A Writ is usually filed as a last resort once the appeal process has been exhausted. An appeal is used to dispute errors made at trial that were preserved for an appeal, whereas a Writ can use evidence outside of the court records.
Types of Writs
- Writ of Habeas Corpus – Used to dispute the legality of the person’s confinement allowing a review of all information and can even present new information to the court. In essence, it is a petition demanding that the court examine all of the facts surrounding an individual’s imprisonment and determine if that person is being held illegally. This can be applied pre and post-conviction.
- Writ of Mandamus – Used to demand a public official to act within their power and perform their duties as a public official.
- Writ of Certiorari – Used to demand the court provide records from a case to a higher court.
The Benefits Of Choosing Walter J. Pink & Associates, PC
Experience Matters
With years of experience in handling criminal appeals in Texas, our firm has a deep understanding of the legal system’s intricacies. We’ve successfully represented clients in a wide range of cases, from misdemeanor appeals to complex felony matters.
Tailored Legal Strategies
Every case is unique, and we approach each one with a personalized strategy designed to achieve the best possible outcome. We leave no stone unturned in our pursuit of justice for our clients.
A Proven Track Record
Our results speak for themselves. We’ve secured numerous reversals of convictions, sentence reductions, and favorable outcomes for our clients.
Compassionate Support
We understand the emotional toll that a criminal conviction can take on individuals and their families. That’s why we provide unwavering support and guidance throughout the entire appeals process, ensuring that you’re not alone in this journey.
Houston Appeals FAQ
After being convicted of a criminal offense, you may be feeling discouraged about what the future may bring. But do not despair. You have the right to appeal your conviction – so do not give up too easily. At Walter J. Pink & Associates, PC, we understand how hopeless you might be feeling at this time.
However, once you have a clear understanding of the way the appeals process works and what to expect moving forward, you can put a plan in motion to protect your future and hopefully, get home to your family sooner. To that end, we have included a quick FAQ below that discusses some of the top questions and answers regarding the appeals process in Houston. If you have additional questions we do not answer here, contact us to request a confidential case assessment.
How Does the Appeals Process Work?
The appeals process can begin once you have received your guilty verdict. To begin, we need to file a notice of appeal with the First Court of Appeals within 30 days of your conviction. Our appeal notice will need to include information detailing the errors that were made in the course of your initial trial. Expect to pay a $175 docketing fee as part of your appeal. If you cannot afford these costs, we may be able to file an affidavit of indigence on your behalf.
This is known as a brief. We will include all relevant factual reasons we are challenging the trial court’s decision to return a guilty verdict. The appellate court will then determine whether an additional hearing should take place where both the prosecutor and defense will have an opportunity to make further arguments. Once arguments have been made, the appellate court will review the evidence and our provided briefs to determine whether your conviction should be overturned on appeal or upheld.
How Can I Move Forward With an Appeal?
The best way to initiate your notice of appeal is by consulting a reputable appeals attorney in Houston. While you have the authority to represent yourself or hire a public defender, working with a private criminal defense lawyer is almost always in your best interest.
We may have access to the resources and time that public defenders do not have. Our team will ensure your notice of appeal is filed before the deadline expires so you can challenge your conviction as soon as possible.
What Happens if My Appeal is Dismissed?
If the appellate court dismisses your appeal, it means that they have upheld the district court’s decision to convict you. The court of appeals may refuse to hear your case entirely. If your case is dismissed, you may be able to file an appeal, but only if it was dismissed without prejudice as described under Texas Rules of Appellate Procedure Rule 25.2.
What is the Difference Between a Motion and an Appeal?
The terms motion and appeal are both used in the criminal justice system, but they mean two entirely different things. When we file a motion, we are requesting that the same trial court reconsiders a certain element of your case. However, with an appeal, we are going to the next highest level court, the appellate court, and asking them to review the trial court’s decision, and potentially overturn it.
Essentially, an appeal is hoping to overturn a conviction whereas a motion is hoping to reverse a specific decision in your original trial. For example, you might file a motion to extend a deadline, dispute evidence in discovery, or get certain types of evidence suppressed in the hopes of avoiding a conviction. After the conviction, we file an appeal to get this decision overturned or secure a new trial.
Contact Us Today
If you or a loved one is facing the daunting prospect of a criminal appeal in Texas, don’t hesitate to reach out to us at Walter J. Pink & Associates, PC. Our dedicated team of legal professionals are ready to stand by your side, offering unparalleled guidance, unwavering support, and a commitment to securing the justice you deserve.
Together, we can navigate the complex world of criminal appeals and work towards a brighter future, your brighter future. Contact us online or call (713) 664-6651 for a free consultation today.