Motion New Trial - First Appeal - Writ of Habeas Corpus
Definitions of how, why and processes of motioning for a new trial, first appeal and writ of Habeas Corpus
After you are convicted by a jury, you only have 30 days to file either a motion for a new trial or a notice of appeal. There are certain grounds in an appeal that must first be presented in a motion for a new trial, or else you lose the issue on appeal. This 30 day period is also crucial to putting additional information into the record for your appeal. For example, evidence that a juror was biased or evidence that a witness lied under oath may not be apparent on the record from your trial. These issues may only have been discovered after conviction by an investigator. A judge has discretion to grant a new trial, but there are certain issues that require the judge to grant you a new trial. It takes an experienced attorney to know what you must do to win a motion for a new trial. Winning a motion for a new trial will set aside your guilty verdict and restore your case to its position before the trial. The attorneys in our office use creative and aggressive strategies to fight your conviction from the very beginning of the appeals process.
If you have been convicted of a crime in State or Federal court, you have the right to appeal your case and possibly the length of your sentence. The appeals process can be complicated and there are important deadlines that must be met or else the courts of appeals may not hear your case. Given the importance of your appeal, you need to hire an aggressive and dedicated attorney who can file a successful appeal. There are various issues that you can present in an appeal, both legal and factual. Whether you are innocent and wrongfully convicted, or your important constitutional rights have been violated during trial, you deserve to have an attorney who will fight for you. It takes an experienced attorney to recognize the issues that will win at the appellate level. It is very important to remember that you only have 30 days to file a notice of appeal after a final judgment is entered in your case. If you do not file within 30 days, you may lose your right to appeal forever. Contacting us as soon as you are convicted is essential to preserving your right to appeal.
A writ of habeas corpus is a defendant’s last option to challenge an illegal conviction. Both the Texas and United States Constitutions allow for a defendant to file a writ of habeas corpus. A Writ of Habeas Corpus protects an individual from having his or her freedom lawlessly taken away. If you were not successful on your appeal you still have the right to challenge your conviction through a writ of habeas corpus, but you only have one chance at a writ. Contacting an experienced lawyer who can raise the proper issues that the courts will recognize is crucial, or else you may lose your last chance to challenge your detention.