A Basic Guide to Filing an Appeal for a Federal or State Crime

Posted By Law Offices of Jeffrey C. Grass || 11-May-2012

Though the judicial process should be fair and impartial, it can be complicated by errors in the judicial procedure and due process. In trials that have been complicated by these errors, whether at the state or federal level, the defendant may want to consider pursuing an appeal. Find out more about this process by reading the answers to the frequently asked questions below given by a criminal defense attorney:

• Why Pursue an Appeal?
  Appeals evaluate the judicial process that took place during a trial. The purpose of an appeal is not to dispute or establish guilt; instead, an appeal evaluates the validity of court procedure and due process. Appellate courts evaluate a judge’s decisions regarding admission of evidence and other decisions that could have affected the fairness of the trial.
• What Crimes Can Be Appealed?
  All cases in which the defendant has been sentenced to the death penalty will be automatically reviewed by the Court of Criminal Appeals, the highest appellate court in Texas. Defendants who have been found guilty of any crime have the right to appeal, as does the losing party in a civil suit.
• How Does the Appeal Process Work?
  Because they are not truly evaluating guilt or innocence, appeal judges do not hear testimony from witnesses. They read the transcripts of trial proceedings and testimonies and review evidence to decide if it was legally obtained and due process was followed. Appellate courts are concerned primarily with correct court procedure and the fairness of the trial, not the verdict. If an error was made, the court must also determine whether the error was “harmless,” meaning that it had no effect on the verdict. Based on all of this consideration, the judges will decide whether a new trial is merited.

Appeals require attorneys with specific skills and experience, because the process is very different from a trial. If you’re considering appealing a conviction, call the experienced state and federal appeal lawyers of the Law Offices of Jeffrey C. Grass.