Understanding the Criminal Defense Appeals Process

November 14th, 2013 by admin No comments »

If you are convicted of criminal offense in Texas, is the game over for you? No. If this happens to you, it is time to trust the unique skills of an experience appeals attorney. With any sentence in a criminal law case, Texas law permits you to appeal your sentence and conviction to a higher court.

Does an appeal keep me from going to jail?

Appealing your sentencing does not prevent you from the initial incarceration of your sentence, but it make overturn the conviction or the sentencing to release you from the original result of your case. In the appellate courts, your judgments may be successfully reversed or modified, which could release you from incarceration, or reduce your sentence. The appellate process is available to you, but be advised that it is often a lengthy and expensive process. Before a criminal defense trial lawyer agrees to appeal your case, he or she first evaluates your case to determine its potential for a successful appeal. This analysis may save you from throwing away time and money on an expensive appeal.

How does an appeal work?

Your attorney begins your appeal by filing a criminal law appeal or post-conviction writ. Grounds for this could be based on a wide array of challenges, such as-

  • Admissibility of confessions
  • Denial of right to speedy trial
  • Discovery challenges
  • Discriminatory jury selection
  • Evidentiary matters
  • Excessive bail
  • Jurisdictional issues
  • Legality of the arrest
  • Improper jury instructions
  • Suppression of evidence
  • Sufficiency of the evidence to support a conviction
  • Unconstitutionality of applied statute » Read more: Understanding the Criminal Defense Appeals Process

Incarceration of Adolescents

November 14th, 2013 by admin No comments »

Should schools use the idea of incarceration in educating adolescents who are at risk of criminal behavior? I would say it is America’s duty to help out the youth of today and tomorrow. In our constitution it states we have a right to protection, but also to self-preservation. Incarcerating only adds to the problem of corrupting a youth that could have a very bright future some day. I agree that in extreme cases, incarceration is necessary, only if treatment is accompanied by it though. That is what I believe adolescents need who exhibit criminal behavior, is proper treatment before discarding them off to be the scum of society.

When looking at the psychology of an adolescent growing up, you have to consider not only their genetics and background, but their constant surrounding. If a kid has been raised by hate all his life it’s hard to say how distorted his views to anything is. If he came into the proper treatment and rehabilitation, he could come to know what its like to be human and not want to engage in criminal acts? To incarcerate a young man or woman in this way means that the system have given up on the kids.

The way our system is devised up is strictly for the protection of our community. It’s one thing if we have a 35 year old going around molesting children, but to incarcerate a kid, who may or may not have no idea what its like to be a kid, is sickening to me.

To also argue that the nation’s treatment and prevention programs don’t work would be to argue that our system doesn’t work. If our system don’t work than the adolescent won’t have a chance.

Psychiatric evaluations should not only be used on adults but be used twofold on adolescents. The different things they face every day we cant imagine. To incarcerate them would be to judge them, and we can’t really do that if we don’t know what exactly they feel. » Read more: Incarceration of Adolescents