Appeal cases require the expertise of an experienced defense lawyer who is familiar with the complex rules and laws involved in appellate courts. The following
Why You Need a Texas Appeal Attorney
Appeal cases require the expertise of an experienced defense lawyer who is familiar with the complex rules and laws involved in appellate courts. The following some of the ways in which your lawyer can make your appeal successful.
1.File a motion for a new trial within 10 days
A common mistake in criminal cases is the failure to submit the motion for a new trial to the judge presiding over the case. The motion should be officially submitted to the judge and not the court coordinator. This simply means that the attorney should not only file the motion but take an additional step of personally handing over the motion to the judge while ensuring that the record is documented. Your attorney will only have 10 days from the date the motion for new trial was filed to submit it to the judge.
2.Accurate and timely objection
It is important for the defense attorney to make an objection whenever he/she dislikes the evidence presented to the court. It is important for the objection to be recorded while clearly explaining the legal justification for the given objection. The attorney should be able to identify the state statute; the constitutional provision acts as well as rules of evidence as grounds for objection. If the legal counsel fails to do so during the trial, then it results in procedural default, which prohibits the use of such objections in higher courts. One of the things that the justices of the appeal courts focus on is if there were accurate and timely objections by the lawyer during the trial.
3.Acting quickly after an adverse judgment
It is important for the defense attorney to make decisions quickly and diligently when going through the options for appeal. The defendant usually requires information and advice regarding what to do next after an adverse ruling at the end of the trial. The attorney should be able to provide quick and sound advice regarding what to do next within the first week of the court’s judgment.
4.Submit key appeal documents on time
In a criminal case, the attorney who has just lost a case should strive to file key appeal documents while still in the courtroom. Timely submission of these documents will give the defendant ample time make a strategy on the case.
How long does an appeal process last in Texas?
The average time taken by the appeal process from the beginning to the end is about 7 to 14 months. In some cases, it might take longer, while others take a shorter time, especially those that should be expedited by the law.
It is always advisable to consult an appeal attorney to guide you through the entire appeal process to increase your chances of getting a favorable ruling.
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