Criminal Appeal Attorney In San Antonio, Texas

Representing Clients Throughout Texas and in Federal Courts

If you or someone you care about has been convicted, the appellate process offers a chance to challenge the verdict. Whether the conviction was by a jury, judge, or guilty plea, an appeal can give you a second chance.

• Critical Deadlines: Once a sentence is determined, contact a criminal appeal attorney right away. Missing a deadline could mean losing your right to appeal.
• Unjust Convictions: If you believe there were legal or factual issues during the trial, an appeal may be the way to fight an unjust verdict.

An experienced appeals lawyer can guide you through the process of presenting your case in the appellate courts to overturn a conviction. Contact The Law Office of Dr. E.R. Báez, P.C. to speak with a skilled attorney who will protect your rights.

The Appellate Courts of Texas

Appellate courts are essential to the judicial system. They decide how the law should be applied and handle appeals after a defendant is sentenced in a county or district court.

• Court of Appeals: Texas has 14 Courts of Appeals. The Fourth Court of Appeals in San Antonio handles cases from Bexar County and 31 nearby counties.
• Court of Criminal Appeals: If a case needs further review, a defendant can petition the Texas Court of Criminal Appeals in Austin. This is Texas' highest criminal appellate court and has the final say on criminal cases in the state.

If necessary, the case can be appealed to the United States Supreme Court in Washington, D.C.

The Federal Appellate Courts

The U.S. federal court system includes 13 circuits, each with its own appellate court.

• Fifth Circuit: This circuit includes Texas, Louisiana, and Mississippi. The Fifth Circuit Court of Appeals is based in New Orleans, Louisiana.
• Federal Appeals: If a federal appeal fails, the losing party can petition the United States Supreme Court, though it is not obligated to review the case.

Whether you're at the state or federal level, defending your conviction is possible at any stage in the appeal process. An experienced federal appeals lawyer is essential at every point.

Strategic Representation for Optimal Results

The Law Office of Dr. E.R. Báez, P.C. provides skilled representation in both state and federal appeals. Dr. E.R. Báez has experience in oral arguments and brief writing for appellate courts across the country.

• Appeals and Post-Conviction Procedures: Our criminal appeal attorney is well-versed in complex appeals and can help you challenge a conviction.
• Documenting Mistakes: Appeal law requires more than just identifying mistakes in the lower court. Our attorney will ensure that errors are properly documented and used in your appeal.

By trusting our criminal appeal attorney, you can count on dedicated support throughout a challenging legal process. Dr. E.R. Báez will keep you informed at each stage to secure the best possible outcome.

Commonly Asked Questions (FAQs)

What is the purpose of an appeal?

• The purpose of an appeal is to seek a review of a lower court’s decision to determine if any legal mistakes were made during the trial. If a mistake was made that could have affected the outcome, an appeal may result in the overturning of the conviction or a reduction in sentencing.

Can I file an appeal immediately after my conviction?

• While you can begin the appeal process soon after your conviction, there are specific timelines you must follow. In Texas, you typically have 30 days from your sentencing to file a notice of appeal. It’s crucial to act quickly, as failing to meet the deadline could result in losing your right to appeal.

What is the difference between an appeal and a new trial?

• An appeal is not a new trial. In an appeal, the appellate court reviews the case to determine if there were errors in the trial process, such as mistakes in the law or procedural issues. A new trial, however, involves re-presenting the case in front of a new jury.

Can a conviction be overturned on appeal?

• Yes, a conviction can be overturned on appeal if the appellate court finds significant legal errors in the original trial. This could include mistakes made by the judge, incorrect jury instructions, or other factors that affected the fairness of the trial.

What is a "writ of habeas corpus"?

• A writ of habeas corpus is a legal petition filed by a convicted person to challenge the legality of their detention. It is often used when there are claims of constitutional violations or new evidence that was not available during the trial. It’s a way to challenge a conviction outside of the appeal process.

Can I appeal if I was sentenced to probation?

• Yes, you can appeal if you were sentenced to probation. Appeals can be based on the terms of your probation or other legal errors during your sentencing. Your attorney can review the case to determine if there are grounds for challenging the probation terms.

What is a "post-conviction relief"?

• Post-conviction relief refers to legal procedures available after a conviction has been finalized. It can involve appealing the conviction, seeking a reduction in sentence, or challenging the validity of the conviction based on new evidence or other issues that arose after the trial.

How long does an appeal take?

• The length of an appeal can vary greatly depending on the complexity of the case and the appellate court’s schedule. Generally, appeals can take several months or even longer, as the court carefully reviews all legal arguments and evidence before issuing a decision.

PRESENTING YOUR CASE TO THE SUPREME COURT
Experienced Defense Representation From A Reputable Criminal Defense Attorney San Antonio

Many people are unaware that many issues that may arise during a criminal case can be appealed to the United States Supreme Court. This holds whether you are in Texas state or Federal Courts.

Our federal appeals lawyer has a thorough understanding of the appeals process, allowing him to determine where a case should be heard

Don’t wait to protect your rights—contact us now at (210) 361-1112 for a consultation with our skilled appeals team.