If you are tried and convicted of a crime in a trial court, that is not always a final verdict in your case. You are within your legal rights to appeal your case. This means that once you appeal your case, it will be reviewed by a higher court for legal errors and or misinterpretations of the law that were made at the trial level. An Appellate court may then reverse or modify a determination if they find plausible errors. An Appellate court is different from a trial court in that there is no jury at the appellate level. An appeal is simply an oral or written argument submitted to the judge or judges handling your case, in order for them to review any errors they may have made at the trial level.
A court may grant an appeal for many errors including but not limited to:
- Constitutional Issues
- Discovery Issues
- Error in the Jury Selection Process
- Excessive Bail
- Failure to Disclose Favorable Evidence
- Hearsay Violations
- Improper Identification of the Accused
- Improper Jury Instruction
- Legality of Arrest
- Validity of the Indictment
- Violation of the Code of Criminal Procedure
- Violation of the Rules of Evidence
The appellate process can be complicated. An Appellate court will not allow new witnesses or evidence. The Appellate courts determine an appeal based on convincing arguments showing probable cause that there were errors in the trial’s procedure or the Judge’s interpretation and deliverance of the verdict with regards to your case.
If you or someone you know would like to appeal at the State or Federal level, it is always best to have an experienced attorney by your side.
Val Zuniga has years of experience defending and appealing cases at both State and Federal Appellate courts. Call us at 713-DRUG LAW (378-4529) today to protect yourself. It is important to understand your rights every step of the way. Zuniga Law Offices, P.C. can help. We are here, ready and available to help assess, evaluate, and defend your case. We offer you the chance to a free consultation before you decide to employ us to represent your best interests and protect your future.