Practice Areas
Trial
A Trial in Texas
At the start of the trial, the prosecutor will read the charging instrument to the jury. The prosecution must then make an opening statement. The defense lawyer may make an opening statement or postpone it until later.
After opening statements, the state will present evidence through its witnesses. The defense will have an opportunity to cross-examine the state’s witnesses. After the state finishes its case, the defense may elect to present evidence.
Once all the testimony is finished, the judge will prepare a jury charge. The charge contains law and instructions to help the jury decide the verdict. The charge is prepared outside the presence of the jury.
Appeal
What happens after a conviction-the Appeal
Are you unhappy with the outcome of a recent trial or appeal? Don’t assume that you’ve run out of options. In some cases, you may be able to appeal a decision that didn’t work out in your favor.
After a sentence is imposed in a criminal trial court, the trial lawyer routinely files a written notice of appeal immediately. This begins the direct appeal, and gives the court of appeals jurisdiction to review the case for error. Virtually every criminal trial is followed by a direct appeal, as well as many pleas.
Criminal Appeal is a Hard Fight
Criminal appeals are very difficult. Every criminal case—and particularly, every criminal appeal—is a hard fight. Success requires understanding the difficulty and a lawyer knowing how overcome it.
If you have been convicted of a crime after a trial by Judge or Jury you should immediately contact a criminal defense attorney to discuss filing an appeal.
Post Conviction
Writ of Habeas Corpus
An individual is entitled to reasonably effective legal representation. If your lawyer failed to advise you of a plea bargain offer or it’s consequences, didn’t investigate the facts of your case, incorrectly explained the law to you or had a conflict of interest, you may be entitled to relief by a writ of habeas corpus.
Other examples of habeas corpus appeals are when there is newly discovered evidence that was not introduced in the original proceeding, an illegal sentence ordered by the original court, improper conduct on the part of the prosecutor, changes in the law, and convictions based on unconstitutional statutes.