San Antonio Law Firm Handling Appeals Cases
The United States justice system gives you the opportunity to argue against a conviction should you believe you have been wrongfully accused. An appeal is a plea for the court to re-examine your case. If your appeal is heard, you can argue against how a judge and jury rules on your case.
Types of Appeals
Appeals can be submitted under conditions that vary depending on how you wish to present your argument.
Writ of Habeas Corpus
The writ of habeas corpus allows you to challenge an unlawful imprisonment in a court of law. The custodian of the detention facility that holds you must bring you before a court and produce evidence of the authority to hold you in detention. If the custodian cannot produce such authority, you are free to leave.
Writ of Certiorari
A writ of certiorari brings an appeal from a lower court case to the Supreme Court for judgment. You must petition for a writ of certiorari before a higher judicial authority will decide whether to hear your case or not. On average, the Supreme Court only hears about 100 of the thousands of writs that are petitioned every year.
A standard appeal occurs when you want to correct an error that occurred in the courtroom during your trial. You cannot present new evidence during a standard appeal, but the appellate courts will consider all evidence and proceedings in the case’s file.
A standard appeal might help you reduce your sentence, but it is not appropriate for attempting to prove your innocence.
A wrongful conviction occurs when the accused party in a case is convicted for a crime he or she did not commit. Should a person be wrongfully convicted of an offense, the actual perpetrator of that offense is free to continue life outside of imprisonment and is likely to commit additional crimes.
Accordingly, the American justice system takes wrongful convictions very seriously. If you believe you have been wrongfully convicted, exercise your rights as an American citizen and appeal your case.
How to File for Appeals
Filing for an appeal follows a strict order of events:
1. Prepare a Notice of Appeal
2. File a Notice of Appeal before the designated deadline
3. Inform the superior court of your desired documents and proceedings
4. Pay for records to be sent to you and the superior court
5. Follow proceedings according to U.S. law
The attorneys at LaHood & Calfas have years of experience dealing with appeals cases and are ready to help you in the event that you believe your judgment was in error. Call us today to find out more about our appeals case services.