Being arrested for a crime can be an incredibly overwhelming experience. Though it can be disparaging, you may still hold out hope that you can beat the charges against you. Unfortunately, however, if you are convicted, you may feel like all hope is lost. It’s important to understand that following a criminal conviction, you have the right to appeal the decision made by the court. If this is something you are interested in, you’ll want to keep reading to learn the grounds on which you can file, the process of appealing, and why it’s imperative to connect with Houston criminal defense attorneys who can fight on your behalf.
What Does It Mean to Appeal a Criminal Conviction and What Grounds Can I Petition On?
When you are convicted of a criminal offense, you are essentially requesting that a different court examine and review the decision made by the lower court. However, you cannot file an appeal simply because you are unhappy with the outcome of your case. Instead, there must be something inherently wrong or erroneous with your case. If your appeal is upheld, your case may be remanded back to trial, meaning court proceedings will begin, or your conviction may be overturned.
As mentioned, only certain errors will warrant the ability to file an appeal. For example, if you can prove that you are a victim of a false arrest, meaning the law enforcement officer did not have the legal grounds to arrest you, you may be able to file an appeal. Another option is to argue that certain evidence was excluded or admitted to trial. If you find that certain evidence was barred from trial or should not have been admitted because it stemmed from an unreasonable search and seizure, for example, it can constitute an appeal.
Other grounds that warrant an appeal include jury misconduct, which can occur when a juror compromises the integrity of the court by refusing to deliberate or impact the impartiality of the other members, as well as ineffective counsel, which can impact your Sixth Amendment Right.
What Is the Process for Appealing?
If you believe your criminal conviction should be overturned for any reason, the most important thing you can do if you wish to appeal is connect with an experienced attorney who can help guide you through this process. Not only can your attorney handle the legal complexities of filing an appeal, but they can argue on your behalf to help ensure your trial is fair.
Generally, the first thing that your attorney will do is file a notice of appeal within 30 days of the day you receive your verdict. If you do not file within this time, you will lose the right to appeal. It’s important to understand that appealing a conviction does not mean you will present new evidence. Instead, the appellate court will review the records to determine whether or not an error occurred.
Filing an appeal can be an incredibly complicated matter. As you’re still processing the criminal conviction, trying to appeal can be too overwhelming. As such, it is imperative to connect with an experienced defense attorney who can help represent you. At the Gonzalez Law Group, we understand how complicated these issues can be, which is why we are dedicated to fighting for you. Contact us today to learn how we can fight for you.
