Appeals

How Can I Appeal?

There is no easy answer to this question. There are a number of issues that arise with a defendant wanting to appeal his case. The first and foremost is whether the defendant will be entitled to do so. Just because you decide you don't like the outcome of your case doesn't necessarily mean you can appeal it. If you have pled guilty to a criminal offense in exchange for a specified sentence, you have likely waived any right you might have had to an appeal. This is true in both State and Federal courts. Furthermore, you must have some legally cognizable reason to appeal. The fact that you don't like the idea of being on probation for five years isn't enough. The next question, assuming you actually can appeal your sentence, is have you run out of time?

The appeals process contains very strict time limitations to which an appellant must strictly adhere. Failure to follow the appellate rules regarding timelines can result in a waiver of the right to appeal. The appeals process can be a minefield for the inexperienced. Not only must the attorney be well-versed in the Texas and Federal Rules of Appellate Procedure, but they must be knowledgeable of the potential legal issues that could be raised in your case. It takes a special type of attorney to thoroughly review and identify the legal issues in your case and successfully argue those issues before an appellate court.

When considering hiring an attorney to represent you on appeal, you should always look for an attorney that not only has experience in the appeals process, but knowledge of the complex rules used as well as the legal issues to be dealt with. The appeals process requires excellent writing and research skills. Not all attorneys possess these qualities. When evaluating an attorney for this process, be sure to look for attorneys that have published papers or articles, as well as have successfully appealed cases in the past. Many appellate courts maintain online databases which contain the briefs of the parties as well as audio and video recording of the actual oral arguments. These can be helpful in deciding which attorney to hire to represent you in this complex area of criminal defense.