How are appeals handled in criminal defense law?
Appeals in criminal defense law in Texas are typically handled through a higher court. An appeal is when a defendant requests that a higher court review a lower court’s decision. In Texas, a criminal appeal typically begins when a defendant files a notice of appeal with the court. The notice must be filed within 30 days of the lower court’s decision. The appellant is usually required to file a brief that outlines the errors alleged to have occurred in the lower court’s trial. The opposing party, usually the state, is also given the opportunity to file a brief that explains why the lower court’s decision should stand. After both sides have filed their briefs, the higher court holds a hearing and makes a decision based on the facts presented. The higher court may affirm the lower court’s decision, modify it, or order a new trial. If the higher court reversal of the lower court’s ruling, then the appellant will likely be released from prison or may be given a new trial. Appeals are complex and require a high degree of expertise in the law. If you have been convicted of a crime in Texas, it is important to seek the advice of an experienced criminal defense attorney to help you understand your appeals options.
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