Dedicated Texas Criminal Defender

Thinking about filing an appeal of a criminal sentence?

On Behalf of | May 1, 2024 | Criminal defense

Some people convicted of a crime don’t agree with the sentence they’ve been served. In some instances, an individual who has been convicted of wrongdoing can appeal their sentence.

Appealing a sentence is a major undertaking for anyone. There are also very specific instances in which you can appeal a criminal appeal or sentence.

When can you appeal a conviction or a sentence?

In order to appeal a conviction or sentence, there must be legal errors present in the case. This can be difficult to prove, so it’s critical that you have a legal representative who can battle for you throughout the process.

If there is a legal error, appealing still may not be very simple. If you were convicted in a trial and then sentenced, you can move straight to filing an appeal. You may have to ask for permission to file the appeal. This is the case if you entered into a plea deal or if you pleaded guilty to the charge.

What happens during the appeals process?

The majority of the appeal process is handled on paper. An attorney will file the appropriate notices, briefs and documents to get the appeal filed and support your claim. While it’s possible that the appeals court will ask for oral arguments, they usually base their decision on what’s included in the documentation for the case. Because of this, the appeal that’s filed must be sold and convincing.

Getting an appeal together is complex, and it must be done quickly. There are specific time limits for filing these appeals. If the time limit is missed, an appeal isn’t going to be possible.

Having a legal representative who understands your side of the matter and can put together a case that shows the legal errors present is critical. This might not be the same attorney you had during the previous parts of your criminal case, so be sure you work with an attorney who’s familiar with cases similar to yours.