Fort Worth Criminal Appeal Attorney

The Basics of Appeals in Texas

An appeal—whether state or federal—is a request for the next higher level of court to review a lower court’s decision. The state of Texas has a three-level court system that provides two levels of appeal that will typically be navigated with the help of a criminal appeal attorney. Appeals of county and district court final decisions can be heard in one of the fourteen courts of appeal in the state of Texas. For all practical purposes, these fourteen appellate courts are autonomous, meaning they are not required to follow other decisions made by appeal courts. The federal system’s thirteen circuits are likewise independent of one another.

In order to be “appealable,” there must have been a final judgment or order in the case. While there are (very rare) exceptions, Texas does not permit appeals made in the middle of a case. In the federal system, review by the highest court—the U.S. Supreme Court—is both limited and discretionary. Intermediate federal appellate courts are the last resort for the majority of cases. Different appellate courts may reach conflicting results that the Supreme Court could choose to let stand.

The biggest distinguishing factor between trial and appellate courts is that among appellate courts there is a presumption in favor of the judgment issued by the trial court. In other words, the trial judgment is presumed to be correct unless and until it can clearly be shown there were errors during the trial. Not only must it be shown there was an error during the trial, but it must also be shown the error was harmful—that there would have been a different outcome if the errors had not existed. As you might imagine, this is a substantial burden of proof. An experienced criminal appeal attorney from Burns & Davis has a thorough understanding of the fundamental differences between trials and appeals.

There are substantial procedural distinctions between appellate and trial courts and between state appellate courts and federal appellate courts. This dictates that the strategies employed are also very different. What worked in a trial court may have no place in a Court of Appeals. Appeals depend heavily on written work while a trial depends on the ability of your attorney to clearly communicate with other lawyers, judges, witnesses, and jurors.

Everything an appellate lawyer has to say must find its way into a brief that the appellate judges will review in their chambers. An actual oral argument may last only a few minutes and have little impact on the outcome of the case. Your Burns & Davis attorney has extensive experience in state and federal appeals and will use this experience on your behalf for the best outcome possible.

It is also important to remember that the only issues that can be brought on appeal must have been addressed in the original trial. This makes choosing a Fort Worth criminal defense attorney imperative to your success on appeal. They will know all the right things to say to preserve your right to an appeal.

Why Choose Burns & Davis for Your Criminal Appeal?

When it comes to navigating the complexities of criminal appeals, having a knowledgeable and experienced attorney by your side can make all the difference. At Burns & Davis, we understand that the stakes are high, and we are committed to providing you with the personalized attention and expert legal guidance you need to achieve the best possible outcome.

Here’s why our clients trust us with their appeals:

• Proven Track Record: Our team has successfully handled numerous appeals, demonstrating our ability to challenge convictions and secure favorable results for our clients.
• In-Depth Knowledge: We stay updated on the latest legal precedents and changes in Texas law, ensuring that our strategies are informed and effective.
• Tailored Strategies: We recognize that every case is unique. Our attorneys work closely with you to develop a customized approach that addresses the specific details of your situation.
• Compassionate Support: We understand the emotional toll that a criminal conviction can take. Our team is dedicated to providing compassionate support throughout the entire appeals process.
• Free Initial Consultation: We offer a no-obligation consultation to discuss your case and explore your options, allowing you to make informed decisions without financial pressure. 

Don’t let a conviction define your future. Contact Burns & Davis today to discuss how we can assist you and our Fort Worth criminal appeal attorneys can help you reclaim your life.