Plano, Texas Criminal Appeals Lawyers

Experienced Criminal Appeals Attorneys for Clients in Plano

Being convicted of a criminal offense does not always mean that your case is over. After a judge delivers a sentence, you can file a criminal appeal to challenge the final decision. In these cases, knowing when and how you can file an appeal is important. A Plano, TX criminal appeals attorney can review your case and explore your options.

At Barbieri Law Firm, we are well-versed in criminal law, defending clients against a wide variety of offenses, including violent crimes, white collar crimes, and more. If the laws were not correctly applied or your rights were violated, our firm can advocate for you in court.

Grounds for Criminal Appeals in Texas

Before pursuing an appeal, it helps to understand the specific reasons courts may agree to review a criminal conviction or sentence. An appeal is not a new trial but a legal process that examines whether errors during the original case affected the outcome. Common grounds for a criminal appeal in Texas include:

• Legal errors by the judge, such as incorrect jury instructions or improper admission of evidence
• Insufficient evidence to support a conviction under the law
• Prosecutorial misconduct, including withholding evidence or improper arguments to the jury
• Ineffective assistance of counsel when defense attorneys fail to meet basic standards of performance
• Juror misconduct, such as discussing the case outside of court or using outside information
• Newly discovered evidence that could not have been found with reasonable diligence before trial

If one or more of these issues can be shown to have materially influenced the verdict or sentence, an appellate court may reverse the conviction, order a new trial, or modify the sentence.

How Long Do I Have to File an Appeal?

In Texas, the deadline to file a notice of appeal in most felony and misdemeanor cases is 30 days from the date the trial court enters its final judgment. This period is strict: missing it typically means losing the right to a direct appeal. The clerk of the trial court must receive the notice of appeal within this window.

After filing the notice, appellants have additional deadlines for preparing and filing the appellate record, briefs, and reply briefs. Courts follow a detailed schedule set by rule, but the initial 30-day deadline remains the most critical. If you are considering an appeal, it is vital to act immediately to ensure all filings occur on time and to secure any necessary extensions.

Habeas Corpus Petitions in Plano

A habeas corpus petition offers a separate route to challenge a conviction or sentence after the direct appeal process has ended. Unlike appeals, which focus on trial court errors, habeas petitions raise constitutional claims such as denial of counsel, prosecutorial misconduct, or newly discovered evidence of innocence. In Texas, state habeas petitions are filed in the trial court that heard the original case, while federal petitions go to the U.S. District Court for the Northern District of Texas.

The habeas process generally involves submitting a sworn application that outlines the constitutional violations, supporting affidavits or records, and a proposed order. If the court finds merit in the claims, it may hold an evidentiary hearing or grant relief directly. A successful habeas petition can overturn a conviction, correct an illegal sentence, or order a new trial, offering a crucial backstop when direct appeals are no longer available.

Contact a Plano, TX Criminal Appeals Attorney

Navigating the complexities of appeals and habeas petitions requires careful attention to procedure and persuasive legal writing. At Barbieri Law Firm, we are here to stand up for your rights post-conviction. Contact our Plano criminal appeals attorneys or call 972-424-1902 to arrange a free consultation.