Understanding Criminal Appeals

Losing in court at the end of a criminal trial is not necessarily the end of the rope, so to speak. An experienced criminal appellate lawyer such as Mark W. Bennett can file a criminal appeal on your behalf in an effort to get the court to reverse or adjust its ruling.

If your conviction is reversed, you can get a new trial, or you might be acquitted of the charges against you. Taking advantage of the criminal appeals process affords the appellant a second chance in spite of the conviction or other ruling from the court. Having an experienced criminal appellate lawyer with skill and tact is of immense importance.

Making Your Criminal Appeal Count

The easiest way to get a court of appeal to reverse a conviction is to prove error in the trial. If the defendant had a decent defense lawyer during the trial, any errors made by the court and the judge should be preserved. If these errors aren’t preserved in the court record, the appellant and their criminal defense lawyer will face an uphill battle that they’ll likely lose.

Commons reasons for conviction reversals and sentence adjusts are due to improper sentence stacking, denial of rights during jury selection, and giving jurors incorrect or illegal instructions. A smart criminal defense attorney with a strong knowledge of the law and criminal procedure will have no trouble pointing out errors, and pursuing a corrective resolution to the matter.

Any good criminal defense trial and litigation lawyer needs to know their case-law. The best way to learn case-law is to dig into appeals and work to help individuals who have already been convicted. Make no mistake about it, the criminal justice system is not perfect as judges, jurors, and even criminal defense lawyers make mistakes that the individual charged will be forced to account for. Innocent people are convicted all the time in State & Federal courts around the nation. Even people facing extremely harsh penalties can benefit from the criminal appeals process. If the criminal justice system failed to carry out it’s duty, you’ll have recourse via the appellate process.

It’s important for defendants and their families to realize that a conviction isn’t the last straw, but other options to gain freedom or fair-treatment are available. A good appellate lawyer will want to hear your side of the story, but be advised that no new evidence can be presented via the appeals process. New evidence can only be presented in a new trial, granted that the appeals process was successful and the generating conviction was overturned.

The objective of the criminal appeals process and the courts of appeal are to correct misapplied laws and questionable actions by the court.

Texas DWI Offenses: Dangers and Legal Options

There are a number of a people arrested on a daily basis for driving while intoxicated in the Houston area, and Texas as a whole. Due to the massive number of deaths caused by DWI offenders, local law enforcement officials have stepped up their efforts of contain the problem, identify offenders, and charge them as criminals; whether guilty or not. There are a number of reasons this method of operation by law enforcement agencies is justified. The main reason Texas DWI enforcement is a mainstay of police agencies is because of the many dangers of operating a motor vehicle while intoxicated.

The Dangers of Drunk Driving

Death, injury, and property damage are the main dangers associated with Driving While Intoxicated. With such a value being placed on preserving life and property, it’s no wonder why so many people in Houston are arrested for drunk driving. With that said, just because you were arrested for DWI doesn’t necessarily mean you’re guilty, it only means you’ve been accused. With an attorney on your side that has experience, you stand more than a fighting chance of beating the charge in the court of law.

Knowing Your Legal Options

According to Tad Nelson’s website, DWI charges are scientific in nature, requiring an expert to review the evidence. What does this tell us? It tells us that an officer not only lacks the qualifications to make a determination of whether or not someone is intoxicated due to ingesting alcohol, but also that the prosecutor and the court may not have the knowledge to make a competent judgement either. This is where having a lawyer that specializes in fighting DWI charges can be a major benefit to a person either rightfully charged with drunk driving in Houston, or wrongfully so.

Finding the Best DWI Lawyer

When you’re looking for a qualified DWI defense attorney it’s best to review their website, credentials, and the online reviews of their clients. This will afford you insight into whether or not a top criminal defense lawyer is best for your DWI case.

Texas DWI Offenses: Dangers and Legal Options

Fighting Texas Drug Charges with Your Lawyer

In many jurisdictions across the country, the “war on drugs” has resulted in serious penalties being placed on criminal defendants caught in its wake. While these lawmakers might have meant well, many law-abiding citizens have been caught in the undertow. If you’re being charged with a drug crime in the state of Texas, one thing should be immediately clear to you: you need an effective criminal defense going forward. An experienced drug defense attorney will ask a number of questions in order to provide a suitable defense for your current legal situation.

Likely Concerns of a Drug Lawyer

First of all, a competent defense attorney is going to ask if it was legal for the police to seize the alleged illicit substance in the first place. The average defendant is literally shocked to learn just how many seizures are subject to motions to suppress simply because they were done without a warrant or on the word of an informant.

Our constitution projects us all from such illegal searches and seizures. (See 4th Amendment)

Creating Reasonable Doubt

Even if the State of Texas can prove that the drugs were lawfully seized, there are other hurdles they’ll need to clear. There are a few more questions we can ask to raise reasonable doubt to a jury. First, can we prove that the drugs were actually possessed by the defendant? Second, can the prosecution establish that the defendant had the intent to distribute the drugs? And finally, if they can establish these two things, is there any type of situation where the damage of a “mandatory minimum” can be mitigated?

The next area that is extremely important would be that of probable cause. Although the threshold for probable cause can create some rather “airtight” cases, an experienced defense attorney will be able to use the idea of “probable cause” to their client’s benefit. For example, just because a search warrant claims that there is ample evidence for a defendant dealing drugs from his dwelling or place of business does not necessarily mean police have the right to search the defendant’s car.

Traffic stops are another area where criminal defense attorneys can be crucial in advising their clients. Remember, just because a police officer tells you to step out of your vehicle, it does not mean that they have the right to search your vehicle. There are an immense amount of people who admit they are carrying drugs, weapons, or other types of contraband simply because they are asked to exit their vehicle. This is unfortunate and has led to many needless convictions.

Finally, if you don’t get anything else from this article it is important to know all of your rights when it comes to police investigations. If you have gotten the attention of a police investigation, contact a lawyer immediately. They will be able to tell you how you should conduct yourself throughout the process. Generally, the sooner you contact a lawyer, the better your chances of having a favorable outcome to your case.

Fighting Texas Drug Charges with Your Lawyer