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Saturday, February 9, 2008

Dallas Criminal Appeals Lawyers

Crimes can be of many kinds. Although petty crimes such as theft involve the criminal getting slapped with a hefty fine and imprisonment, more serious crimes can bring more serious consequences. Dallas, Texas, is known for crime and a lot more use of the death penalty than any other state or, for that matter, country. It is very important to get the case written off even before it goes to court as the chances of being let off easily reduce drastically once the accused appears in the court.

Even with the best defense lawyers, it is possible sometimes to lose the case to the prosecution?s arguments. The accused then gets slapped with either a fine or imprisonment or with even a death penalty in places like Dallas. In such instances, the losing or accused party can make an appeal to a higher court or authority after the judgment is passed in the superior courts or administrative agencies, if not satisfied with the judgment.

In most cases, the appeal is sent to superior courts only after the judge in the trial court rejects a request for a new trial or to tip over the decision made regarding the case. The losing party usually files an appeal in a Court of Appeals in such situations. Courts of Appeals legally track the decision made by the judge based on the laws under which the decision has been made. The decision is made by the Court of Appeals based only on the records of the trial and with the new evidence or issues that might have been produced in defense of the accused. Cases are not retried in the Court of Appeal and hence no hearings exist in these courts.

A well-qualified and experienced criminal appeals lawyer is a necessity when appealing to a higher authority. It is not often that the accused gets of scott-free soon after appealing in the Court of Appeal. A good lawyer would be able to put out certain issues such as insufficient evidence provided by the prosecution during the trial, incorrect evidence, improper jury instructions, and insufficient defense evidence at the time of trial, etc. Based on such evidences and issues the defense lawyer can prepare an introductory brief after filing the case in the court and be prepared for an oral argument that is important to justify all the issues mentioned at the time of filing the case. A member of the court?s panel passes the final verdict.

A good appeals lawyer can get the court of appeals to even provide a writ to the lower court requesting the change of one or more of the orders passed or sometimes an expungement if the defendant is accused for the first time with no prior record of such, along with a dutiful completion of the probationary period.

A number of websites have an exhaustive list of all the criminal appeals lawyers in Dallas. Getting in touch with a lawyer who has good credentials and experience can be very helpful when filing an appeal with the Court of Appeals. Although a long shot, filing an appeal can sometimes turn out to be advantageous, particularly with a good appeals lawyer to fight the case with zeal.

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