Archives: FAQs
A criminal appeal is a legal process where a person (the appellant) asks a higher court to review and change a lower court’s decision after a criminal trial. In a criminal trial, the focus is on determining whether the criminal defendant (the accused) is guilty based on evidence and witness statements. A criminal appeal doesn’t…
You should consider a criminal appeal if you believe legal errors occurred during your trial. If these mistakes significantly affected your trial’s outcome, you may be eligible to have your conviction overturned or have a new trial ordered in your case. Possible examples of errors that can provide the legal basis for an appeal include…
In Texas, the criminal appeal process starts when the appellant files a written notice of appeal with the clerk’s office. Your Texas criminal appeals lawyer must file this notice within 30 days of the judgment or sentencing, and you must pay a filing fee. Your attorney will then prepare an appellate brief outlining the legal…
The state and federal appellate procedures have several key differences. The laws and procedures of each system differ. Texas courts follow the laws and procedures specific to the state, whereas federal courts operate under laws and rules set by the U.S. government. Another difference lies in the court structure. State appeals usually go to an…
You may have heard the term habeas corpus, which provides relief when a defendant can show they are actually innocent or that the conviction or sentence is illegal or unconstitutional. This is not an appeal but a different type of post-conviction relief. Broden & Mickelsen, LLP helps with post-conviction relief claims, including ineffective assistance of…
At Broden & Mickelsen, LLP, our appellate lawyers stand ready to help you if you face criminal charges or need help appealing your case. With over 60 years of combined experience in criminal defense, we know how to handle tough federal and state cases at the trial and appellate levels. We approach each case with…
Yes, there is a deadline to file a criminal appeal in Texas. You must file your notice of appeal within 30 days of the criminal court entering the judgment or the judge sentencing you. If you miss the appeal deadlines in Texas, you might lose your chance to appeal. Filing a notice of appeal is…
If you were convicted after you accepted a plea bargain for a lesser offense or lighter sentence, you might wonder whether you can still appeal the case. In most cases, you waive your right to an appeal as a condition of accepting a plea agreement. However, you can appeal a guilty plea in certain situations,…
If you went to trial and lost your case, you have an absolute right to file a direct appeal to the Court of Appeals. For example, convictions in federal courts in Texas, Louisiana and Mississippi are appealed to the United States Court of Appeals for the Fifth Circuit which sits in New Orleans. Generally an…
In most cases a defendant waives his or her right to appeal if they enter a Plea Agreement in federal court. You will need to review your Plea Agreement to determine if you waived your right to appeal.