Bruce Kaye Criminal Defense Attorney Dallas, TX, Personal Injury, Entertainment Law
Changing Lives One Case at a Time
Success in Litigation for over 25 Years
Success in Litigation for over 25 Years
If you feel there were errors made in the initial trial of your case, you may have grounds for an appeal. Even if you believe you have already identified the flaws yourself, it is strongly advised that you file your appeal under the guidance of an experienced appellate attorney, as appellate courts often side with local judges unless a significant argument is made against them. Contact my office today to learn how I can best represent you in your appellate case. All initial consultations are free of charge.
An appeal is based solely on the Clerk’s records and the trial transcript. The Clerk’s record is made up of any and all documents your lawyer filed prior to and even during your trial. The Reporter’s record is word for word what was said at the time of the trial. These are the only documents that may be reviewed when seeking to appeal a lower court’s ruling. Any other complaint you want to make, such as ineffective counsel, is best achieved by the filing of a Writ. These are totally different documents. An Appeal challenges what happened before trial and during trial; whereas a Writ is used to complain about an ineffective attorney.
There are a few factors to consider. First and foremost, you must give notice of your intent to appeal no later than 30 days after your case has concluded. Next, was the case a plea bargain or a trial? If you accepted a plea bargain, you must carefully review the terms of your agreement. Many plea bargains have a clause which states that you cannot appeal. Trials are appealed based only on the Clerk’s Record and the Trial Transcript.
Over the past 25 years, I have written criminal appeals on just about every kind of offense and then some. From pre-trial issues regarding suppression, to full blown trials for aiding and abetting the Taliban, I feel like I have seen it all and written about it too. Experience matters. You need to find an attorney that can present your facts in a moving way biding the law and any errors in order to get the court of appeals to overrule the lower court’s determination.
For further information regarding appealing a criminal case in Dallas, reach out to my firm. I have over 25 years of appellate experience, and I take the task of upholding justice and integrity in the legal system very seriously. After all, an appeal is not always about your case alone. Appeals verify what the law really means in practice. Several appeals — such as Brown v. the Board of Education, which overturned the Plessy v. Ferguson verdict — have influenced the course of history for years to come. Thus, they are never a matter I take lightly.
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