Dallas Appeals Attorney

What Is the Appeals Process?

Often, people are familiar with the criminal or civil trial process because of the numerous depictions in movies and on television (although these are distorted portrayals of what goes on). However, the appeals process is an unfamiliar concept. When a client reaches out to our Dallas appeals attorney, Miles Lich, the initial discussion typically involves an overview of the process. The explanation helps our clients understand what to expect and may ease some of the tension they feel because they know that various legal avenues are available to pursue remedy.

Below are the stages of an appeal:

Filing Motions and Notices

The appeals process begins after the court clerk and court reporter file their records and the court’s judgment is entered. Once this happens, the attorney can submit a motion for a new trial and a notice of direct appeal. For state cases, the notice of appeal must be filed within 30 days; for federal, 14 days. Some exceptions may be granted concerning the filing deadlines.

At the time the notices are filed, the appeals lawyer may also request the court record. The court record is a transcript of the trial and includes the evidence presented.

Drafting the Brief

The brief is the most important document in an appeal. About 90% of an appeals attorney’s time is spent crafting this document. It contains the arguments the appellant is making and states the reason they are seeking remedy. The brief must be well-written and compelling. As such, it is no short document. Limits exist to how long they can be: State briefs, 15,000 words; federal briefs, 13,000 words.

The brief specifies what remedy the appellant is seeking based on the issue that occurred. For instance, if the appellant argues that:

• The court did not allow evidence to be admitted that should have been, they may seek a new trial.
• They were convicted based on insufficient evidence, they may request an acquittal.
• They were sentenced erroneously, they may ask for a new sentence.

The appellee will also submit a brief containing their arguments. The appellant may want to file a reply brief in response to the appellee.

Making Oral Arguments

Oral arguments are not always a component of the appeals process. It is at the court’s discretion whether they occur.

Note that no new witnesses are called upon nor new evidence presented during oral arguments. Oral arguments reiterate what is contained in the brief. They also provide an opportunity for the justices to ask clarifying questions about each side’s claims.

Issuing an Opinion

After the justices review each side’s briefs and hear oral arguments (if granted), they will determine whether remedy is necessary. One possible outcome is the appellate court affirming the trial court's decision. This result means that the verdict or judgment stands.

The other possible outcome is the appellate court’s reversal of the trial court's decision. If this happens, the appellate court may order:

• A new trial,
• Modifications to the judgment, or
• Reconsider the facts of the case.

Schedule a consultation with our appeals lawyer in Dallas by calling 210-405-9433 or submitting an online contact form today.

Helping Individuals With a Variety of Appellate Matters

Dallas Criminal Appeals Attorney

An appeal may be brought in a criminal case if a legal error influenced the outcome or sentencing. All types of state and federal criminal issues may be considered for appeal.

Our criminal appeals lawyer in Dallas handles a range of matters, including, but not limited to:

• Aggravated robbery: These appeals are interesting yet complicated. The brief must be carefully crafted and often argues that juror misconduct or insufficient evidence affected the decision.
• Burglary: These are technical matters requiring a brief that commands the trial court’s attention.
• Drug offenses: The brief developed for a state or federal controlled substance appeal must stand out. If the matter does not get proper attention, the justices might see it as just another drug case and affirm the trial court’s decision.
• Murder: These are some of the most challenging cases to appeal. As such, the brief must be well-thought-out and have numerous exhibits attached. Often, the appeals are focused on moving toward a writ of habeas corpus.
• Sexual assault: Any state or federal matter involving sexual misconduct is challenging, both at trial and appeal. They involve nuanced procedures and long sentencing. Stellar appellate representation is crucial.
• Theft: Theft is considered a crime of moral turpitude. Thus, a conviction can have lasting ramifications, such as making it difficult to get a job or not being eligible to serve on a jury. Whether the crime was charged as a misdemeanor or felony, it is vital to appeal an erroneous decision or sentence.

The Court of Criminal Appeals is the highest court in Texas that hears criminal matters. However, it has the discretion to decide whether it hears an appeal. Yet, it has granted leave to hear cases our attorneys have brought.

Dallas Civil Appeals Attorney

Civil appeals involve a range of matters.

Our civil appeals lawyer in Texas provides representation in state and federal courts for:

• Employment law appeals: The issue on appeal is typically the granting of a summary judgment. The decision may be overturned by developing a persuasive brief.
• Family law appeals: The court’s discretion in deciding family law matters is broad. Still, its decisions must follow the Texas Family Code and Rules of Civil Procedure. An appeal typically argues that the judgment was based on a deviation from the law and rules.
• Commercial law disputes: Regardless of whether the matter involves a conflict between two entities or a contract dispute, it is necessary to file a motion for a new trial and develop a carefully planned brief.
• Business disputes: Although business disputes are personal for the parties involved, the appellate court does not see them this way. Therefore, the brief must present arguments that highlight the legal issues.
• Personal injury claims: Often, attorneys arguing personal injury cases play on the jury’s emotions. Because of this, the judgments are likely to be overturned on appeal.

In addition to the matters listed above, Niles also handles property division, foreclosures, shareholder liability, and protective orders issues. Whatever decision you are appealing, turn to him for the legal help you need.

Dallas Sales Tax Appeals Lawyer

Niles represents clients facing sales tax assessments by the State Comptroller’s Office. He finds this appellate work enjoyable.

Dallas Sex Offender Appeals Attorney

Sex offender appeals are extremely challenging. In many cases, not much can be done to seek remedy. That said, Niles works diligently to find innovative solutions for his clients. He has provided representation for DPS administrative processes and mandamus proceedings to remove the sex offender registration requirement.

Dallas Writs and Motions Lawyer

Writs can be complicated matters, as they demand a significant amount of time, attention to detail, and research. Niles dedicates the effort necessary to develop a basis for a defense and finds this work intellectually satisfying.

He provides representation for:

• Writs of habeas corpus
• Writs of mandamus
• 2254/2255 motions