Criminal Appeals Lawyer Dallas
» Print This PageBeen Convicted? You Need An Experienced Criminal Appeals Attorney Who Fights to Overturn Wrongful Convictions
A guilty verdict can feel like the end of the road, but a conviction at trial is not always the final word in a criminal case.
Every year, appellate courts across Texas reverse convictions and sentences because of legal errors, constitutional violations, and procedural mistakes that occurred during trial.
The problem is that most people do not understand how the criminal appeals process works or what it takes to challenge a conviction successfully.
They assume their original defense attorney will handle the appeal, not realizing that appellate law requires an entirely different set of skills than trial advocacy.
Appeals are won through meticulous legal research, persuasive written arguments, and a deep understanding of appellate procedures that most trial lawyers simply do not possess.
The stakes could not be higher when your freedom hangs in the balance.
A poorly prepared appeal can result in waived arguments, missed deadlines, and the permanent loss of your right to challenge errors that may have led to your conviction.
Even worse, many defendants learn too late that they only have 30 days from sentencing to file a notice of appeal in Texas courts.
Missing this deadline means forfeiting your right to direct appeal entirely.
The appellate process is also vastly different from what happens in a trial court.
There are no new witnesses, no jury to persuade, and no opportunity to present additional evidence in most cases.
Instead, the court of appeals reviews the trial record to determine whether legal errors occurred that affected the outcome of your case.
This means your criminal appeals attorney must be able to identify reversible errors in transcripts, jury instructions, evidentiary rulings, and constitutional procedures that others might overlook.
Michael Lowe is a Dallas criminal appeals attorney who has successfully represented clients in both state and federal appellate courts throughout Texas.
How Michael Lowe Can Help You Appeal a Criminal Conviction
Facing a criminal conviction requires more than hope that the system will correct itself.
It requires a criminal appeals lawyer who understands appellate procedures, knows how to identify legal errors, and can craft persuasive briefs that convince judges to grant relief.
Michael Lowe provides comprehensive appellate representation for clients seeking to overturn convictions or reduce sentences in Texas state courts, federal court, and before the United States Supreme Court.
Direct Appeals in Texas State Courts
A direct appeal is the most common way to challenge a criminal conviction after sentencing. Michael Lowe handles direct appeals before the Texas Courts of Appeals.
He reviews trial court records to identify errors in jury instructions, improper admission or exclusion of evidence, prosecutorial misconduct, and other issues that may warrant reversal.
Federal Criminal Appeals
Federal criminal cases follow different appellate procedures and are heard by the United States Court of Appeals for the Fifth Circuit, which covers Texas, Louisiana, and Mississippi.
Michael Lowe represents clients appealing federal convictions involving drug crimes, white collar offenses, fraud, and other federal criminal matters.
He understands the federal rules of appellate procedure and the standards federal courts apply when reviewing trial court decisions.
Texas Court of Criminal Appeals
The Texas Court of Criminal Appeals is the highest court in the state for criminal matters.
When the intermediate court of appeals denies relief, Michael Lowe can file a petition for discretionary review asking the Court of Criminal Appeals to hear your case.
This court has the authority to interpret Texas criminal law and can overturn decisions from lower appellate courts when significant legal issues are at stake.
Habeas Corpus Petitions
A writ of habeas corpus allows defendants to challenge their conviction or sentence based on issues that were not raised during the direct appeal.
Michael Lowe handles both state habeas corpus petitions under Texas Code of Criminal Procedure Article 11.07 and federal habeas petitions under 28 U.S.C. sections 2254 and 2255.
These petitions can address claims of ineffective assistance of counsel, newly discovered evidence, constitutional violations, and other grounds that could not be fully litigated on direct appeal.
Post Conviction Relief
Post conviction relief encompasses various legal remedies available after a conviction becomes final.
Michael Lowe helps clients pursue relief based on legal errors, changes in the law, or other circumstances that call the validity of their conviction into question.
He has successfully represented clients seeking to vacate convictions, reduce sentences, and obtain new trials when the interests of justice require it.
Motions for New Trial
In some cases, filing a motion for new trial before pursuing an appeal is the most effective strategy.
Michael Lowe evaluates whether grounds exist for a new trial, such as jury misconduct, newly discovered evidence, or other issues that require an evidentiary hearing.
Filing a motion for new trial also extends the deadline for filing a notice of appeal from 30 days to 90 days, providing additional time to prepare the appellate record.
Appeals Involving Ineffective Assistance of Counsel
One of the most common grounds for criminal appeals is a claim that the defendant’s trial attorney provided ineffective assistance of counsel.
Michael Lowe reviews trial records to determine whether defense counsel’s performance fell below professional standards and whether that deficient performance prejudiced the outcome of the case.
Successfully proving ineffective assistance requires demonstrating both that counsel made serious errors and that those errors likely changed the result of the trial.
Appeals Based on Constitutional Violations
Criminal convictions can be overturned when law enforcement or prosecutors violated the defendant’s constitutional rights.
Michael Lowe handles appeals involving Fourth Amendment violations related to illegal searches and seizures, Fifth Amendment violations involving coerced confessions, Sixth Amendment violations affecting the right to counsel or confrontation of witnesses, and other constitutional issues.
These cases require a thorough understanding of both state and federal constitutional law.
Why You Need An Attorney With Experience In Criminal Appeals
The appellate process is fundamentally different from criminal trials, and winning an appeal requires skills that most lawyers never develop.
Michael Lowe has conducted over 150 jury trials during his career, giving him firsthand knowledge of how errors occur in the courtroom and where to look for reversible issues in the trial record.
His experience as a former prosecutor means he understands how the government approaches cases and can anticipate the arguments the state will make in opposing an appeal.
His appellate victories have changed Texas criminal law and set precedents that continue to benefit defendants throughout the state.
In one notable case before the Thirteenth Court of Appeals in Edinburg, Michael Lowe successfully argued that the trial court erred by failing to conduct a proper hearing on whether a prior felony conviction should be disclosed to the jury.
The Court of Appeals agreed and reversed the trial court’s decision, establishing important protections for defendants facing similar circumstances.
He has the research skills, legal writing ability, and appellate experience necessary to give your case the best chance of success.
Contact the Dallas Criminal Appeals Attorney Today
Your conviction does not have to be the end of your fight for justice.
Every day that passes brings you closer to critical deadlines that could eliminate your right to appeal.
The appellate process requires immediate action, thorough preparation, and the skill to identify and argue legal errors that could result in a reversed conviction or reduced sentence.
Michael Lowe offers free consultations to individuals seeking to challenge criminal convictions in Texas state and federal courts.
During this consultation, he will review your case, explain your appellate options, and help you understand the path forward.
Time is not on your side when it comes to criminal appeals. You cannot afford to wait.
Contact the Law Offices of Michael Lowe today to schedule your free consultation and take the first step toward protecting your future.
Call (214) 526-1900 or email michaellowe@dallasjustice.com to speak with a Board Certified criminal defense lawyer who has the appellate experience your case demands.
Frequently Asked Questions About Criminal Appeals
What is the difference between a trial and an appeal?
A trial is where facts are determined, witnesses testify, and a judge or jury decides guilt or innocence. An appeal is a review of the trial record by a higher court to determine whether legal errors occurred that affected the outcome. Appellate courts do not hear new evidence or testimony but instead examine whether the trial court followed proper procedures and correctly applied the law.
How long do I have to file a criminal appeal in Texas?
You must file a notice of appeal within 30 days of sentencing in Texas state courts. This deadline is strictly enforced, and missing it typically means losing your right to a direct appeal. Filing a motion for new trial extends this deadline to 90 days, which is why consulting with a criminal appeals attorney immediately after conviction is critical.
What are common grounds for a criminal appeal?
Common grounds include legal errors by the trial court, insufficient evidence to support the verdict, prosecutorial misconduct, ineffective assistance of counsel, improper jury instructions, constitutional violations, and sentencing errors. An experienced appellate lawyer reviews the entire trial record to identify all potential issues that could warrant reversal.
Can I present new evidence during an appeal?
Generally, appellate courts only review the record from the trial court and do not consider new evidence. However, if newly discovered evidence comes to light that could not have been obtained before trial, you may be able to raise this issue through a habeas corpus petition or motion for new trial rather than a direct appeal.
What happens if my appeal is successful?
The outcome depends on the type of error found. The appellate court may reverse the conviction and order a new trial, modify the sentence, dismiss the charges entirely, or remand the case to the trial court for additional proceedings. In some cases, the prosecution may choose not to retry the case after a reversal.
How much does a criminal appeal cost?
Criminal appeals require extensive legal research, preparation of detailed briefs, and potentially oral arguments before the appellate court. Fees vary depending on the complexity of the case and whether it involves state or federal courts. Michael Lowe offers a free consultation to review your case and discuss the appellate process and associated costs.
What is a writ of habeas corpus?
A habeas corpus petition is a legal remedy that allows defendants to challenge their conviction or sentence based on issues that were not or could not be raised during the direct appeal. Common habeas claims include ineffective assistance of counsel, constitutional violations, and newly discovered evidence that undermines the conviction.
How do I choose the right criminal appeals lawyer?
Look for an attorney who focuses specifically on appellate work and has experience handling criminal appeals in Texas courts. Board certification in criminal law demonstrates advanced knowledge and experience. Ask about their appellate track record, their approach to identifying issues in trial records, and their experience with both state and federal appeals.
Can federal convictions be appealed?
Yes, federal criminal convictions can be appealed to the United States Court of Appeals. For cases tried in Texas federal courts, appeals go to the Fifth Circuit Court of Appeals. Federal appeals follow different procedural rules than state appeals and require an attorney familiar with federal appellate practice.
What is the Texas Court of Criminal Appeals?
The Texas Court of Criminal Appeals is the highest court in Texas for criminal matters. It has discretionary review authority over decisions from the intermediate courts of appeals and can grant or deny petitions seeking review. This court interprets Texas criminal law and its decisions are binding on all lower courts in the state.
