Houston Criminal Appeals Attorney

Unfortunately, many individuals charged with a crime do not receive a fair trial because errors are committed by the courts, overzealous prosecutors, and, in too many cases, incompetent defense counsel. The SKJ Law Firm, based out of Houston, Texas, uses its skills to advocate for a new trial for those denied a fair trial.

In both state and federal cases, there are strict time limits for filing a notice of appeal. The SKJ Law Firm’s attorneys are experienced in all phases of request, from motion for a new trial through review to the Texas Court of Criminal Appeals, Federal Circuit Court of Appeals, and the United States Supreme Court.

The First Step Act: Definition and What it Means for You

The First Step Act (FSA) was signed into law in 2018, and its primary role is to enhance criminal justice outcomes and improve conditions of incarceration. The act helps shorten unnecessarily long federal sentences, which has reduced the large prison population in the U.S. Three main components help govern the FSA. They include correctional reform, sentencing reform, and writ of habeas corpus.

Correctional Reform

The FSA comprises numerous criminal-related provisions, which include:

• Imposing a ban on the use of restrictive measures on pregnant inmates in U.S prisons and the U.S Marshals Service
• Distribution of quality napkins and tampons to inmates regularly and for free
• Training of correctional officers and other prison employees on ways to handle encounters that could lead to conflicts or fights in prisons
• Training on ways to identify and adequately act on incidents involving prisoners with mental illness or other cognitive disorders
• Ban against holding juvenile prisoners in solitary confinements 

Sentencing Reform

Sentencing reform includes adjustments to penalties issued to those convicted in federal prisons. These changes include:

• They reviewed minimums for particular repeat federal offenses such as drug trafficking. For example, drug traffickers with prior convictions sentenced to a minimum of 20 years might now face a mandatory minimum of 15 years. The sentencing reform also helped reduce a mandatory life sentence to 25 years for convicts with two or more prior qualifying convictions.
• Reduction of crack cocaine sentences. Inmates convicted of crack possession before the Fair Sentencing Act of 2010 was enacted can now submit an appeal in federal court to have their sentence reduced. 
• Expansion of the safety valve provision. Through this, nonviolent drug offenders may face less jail time than the mandatory minimum. 

Writ of Habeas Corpus

The “Great Writ” of habeas corpus ( Latin for “that you have the body”) is a clause in the U.S. Constitution that helps determine if the detention of a prisoner is valid or lawful. The lawyers at Schaffer Kennedy Johnson utilize the writ of habeas corpus to dispute the legal basis for confinement. Typically, the federal court holds a hearing for a person’s detention, during which the inmate or the party acting on their behalf and the government can provide evidence of the basis for jailing the person.     

Suppose there is no valid evidence of a person’s detention. In that case, the court may grant the prisoner relief, including release from prison, declaration of rights, reduction in sentence, or order stopping unlawful detention conditions. However, it is essential to note that the writ of habeas corpus has some limitations. For instance, inmates may be barred from repeatedly filing petitions about the same sentence. 

How Our Federal Appeals Lawyers Win Cases

It is no secret that navigating the state and federal appellate process can feel overwhelming. Working with a robust legal defense is essential to help you create a solid appeal and increase the chances of winning.

A dedicated federal appeals lawyer will have an in-depth understanding of complex appellate rules. They will also easily detect legal errors that violate your constitutional rights to present a stronger case. Aside from working with an experienced criminal appeals attorney, you can increase the chances of reversing your sentence through:

1. Creating an argument that is strongly supported by federal and state laws
2. Find ways to establish your innocence
3. Submit your appeal paperwork on time or before set appeal deadlines

Important Deadlines for Your Criminal Appeals Attorney

Each state and federal court in the U.S. has appeal deadlines. As stated above, one of the ways of winning a criminal appeal is ensuring that you submit your paperwork before the appeal deadline. The federal and state criminal appeals deadlines in Texas are as follows. 

State Criminal Appeal Deadlines

The Texas Rules of Appellate Procedure allows you or your criminal appeals lawyer to file a notice of appeal or a motion for a new trial. The deadline for filing a notice of appeal is usually within 30 days from the court’s verdict. This means that after 30 days, you cannot file a notice of appeal in Texas. 

You have a right to file a motion for a new trial if you believe the judgment after the first trial was unfair. You or your attorneys should file the motion for a new trial within 30 days of the decision. In addition, the action should be presented to the trial judge within ten days of the motion filing.  

Federal Appeal Deadline

If you believe that the Texas Court of Criminal Appeals judgment was not fair, you have the right to file an appeal at federal district courts. You are required to file a notice of appeal with the district court within 30 days after the deadline for filing a notice of appeal. 

Top-Rated Appeal Lawyers in Houston, Texas

A post-conviction writ allows you to introduce evidence and argument to show that an individual is being “confined” or restrained” in violation of the Constitution. Common grounds include conducting that your trial or appellate counsel did not provide practical assistance; the prosecutor engaged in misconduct, such as withholding favorable evidence; and discovering new evidence establishing innocence.

The lawyer employing this strategy should be experienced and skilled in this area. The Schaffer Kennedy Johnson Law Firm has extensive experience arguing post-conviction writs in Texas State and Federal Courts.

Consult with the Best Criminal Appeal Lawyers in Texas

The process of filing a criminal appeal is complex and lengthy. Working with experienced criminal appeals attorneys in Texas to walk you through the case while helping you analyze the trial record and discover new arguments is vital. Attorneys at Schaffer Kennedy Johnson are skilled and experienced in handling criminal appeal cases in federal and state courts. Contact us today to learn how we can help you with your issue.