Criminal and Civil Appeals

One of the last stands at righting a wrong

Having an adverse outcome at trial can be devastating. Sometimes the outcome seems nothing but unfair. An appeal is a way to essentially ask that a higher Court conduct a limited review based on the point of errors that you allege were made. Sometimes these errors can come in the form of evidence; sometimes they involve an error made during a proceeding; or sometimes it is an allegation that an error was made based on a decision of the Trial Court itself.

De Novo Appeals and appeals to higher courts

There are multiple types of appeals in Texas, and of those appeals, there are a list of standards that the higher Court will use in making its determination and rulings on the issues alleged. Sometimes, you are able to appeal by what is called a de novo trial or de novo hearing, depending on the circumstances. In these situations, you may be faced with the right to essentially try the case or a portion of the case over again.

In most cases however, when we talk about appeals, it is specifically about the appeals that go straight to the higher court for review. These sorts of appeals are not your opportunity to retry the entire case; it is not a do-over. It is a limited review based on potential issues that may have unfairly impacted or unfairly determined the outcome of the case. But within this limited review is a host of issues that can be reviewed and brought up.

Appeals can be as time consuming as preparing for the trial itself. There are also time sensitive deadlines that must be made. As in most litigation or legal scenarios, the earlier you take action, normally the greater options you have as far as how to proceed and/or give yourself the best chances at obtaining relief on an appeal. While an appeal isn’t for everyone, the fact is that sometimes it is the last stand you have at reaching a just outcome.