Serving All of Texas Including Midland • San Angelo • Odessa • Amarillo
Even if you, or a loved one, have been convicted of a criminal offense in Texas, help may still be available. The criminal appellate lawyers at Hurley & Guinn have helped numerous people wrongly convicted of crimes (from delivery of a controlled substance and possession of marijuana to intoxication manslaughter and murder) get new trials, reduced sentences, and even acquittals in appellate courts in Texas. If you think you were wrongly convicted or received an illegal sentence, contact the criminal appeals attorneys at Hurley & Guinn today by calling (806) 771-0700 or by using our online contact form.
An Overview of the Criminal Appellate System
There are two main vehicles by which a citizen may challenge his or her conviction in an appellate court: a direct appeal and a writ of habeas corpus. Each are discussed below.
Direct Criminal Appeal
A direct criminal appeal is — in most instances — the best way to attack a conviction. In this form of appeal, a convicted citizen can challenge issues arising during any point in the trial — including pretrial motions, jury selection, evidentiary rulings, and opening and closing arguments. Timing is extremely important in a direct appeal, as a convicted defendant must give the trial court written notice of appeal within thirty days after the judgment and sentence are entered.
Writ of Habeas Corpus
A post-conviction application for a writ of habeas corpus is another, less common method of attacking a conviction that has already been upheld on appeal. To succeed on an application for a writ of habeas corpus, a convicted citizen must have suffered from some sort of fundamental, constitutional error. Some of these include: the prosecution improperly withheld exculpatory evidence, a defendant's plea was involuntary, or newly discovered evidence proves that a defendant is actually innocent.
The most common form of error alleged in writs of habeas corpus is ineffective assistance of counsel. Many times convicted citizens contact our office after having been represented by another attorney at trial. We then review the case and assess what we believe the convicted person's chances of success would be.
Contact our Experienced Criminal Appellate Lawyers Today
Unfortunately, our criminal justice system is far from perfect, and sometimes innocent people are convicted as a result. If this has happened to you or someone you care about, contact our experienced appellate lawyers today to discuss the details of your case.