STATE & FEDERAL CRIMINAL APPEALS
If you have been convicted of a crime in State or Federal court, attorney Brittany Carroll Lacayo can help you appeal your conviction. She understands that she may be your last chance, and she takes that responsibility seriously. Mrs. Lacayo handles criminal appeals, writs of habeas corpus, and motions for new trials throughout the Fifth Circuit, the Southern District of Texas, the Court of Appeals, and the Texas Court of Criminal Appeals.
Mrs. Lacayo’s appellate practice includes the following:
Thoroughly going through your court record
Filing state or federal appeals
Preparing briefs, writs, and petitions
Arguing before the state appellate court, Fifth Circuit, Texas Court of Criminal Appeals, or the United States Supreme Court
Motion for a new trial
State and federal writs
Petitions for discretionary review
Attorney Brittany Carroll Lacayo is also available to act as your “appellate counsel” during your criminal trial to help you preserve your record during your trial. If you would like Mrs. Lacayo to review your trial record, or discuss the appellate process, please schedule a free consultation.
DO NOT WAIT TO HIRE AN ATTORNEY TO HANDLE YOUR CONVICTION APPEAL
There are very strict deadlines when it comes to appeals. If you wait too long you will miss important deadlines so it is very important that you contact an attorney immediately following your conviction if you would like to appeal.
BOND PENDING APPEAL
An individual is entitled to reasonable bail pending the determination of any motion for new trial or the appeal from any misdemeanor conviction. Additionally, an individual may be released on bond pending appeal from a felony conviction if the individual received a sentence of less than 10 years confinement (certain exceptions exist).
MOTION FOR A NEW TRIAL
There are many reasons why a court may consider ordering a new trial. Brittany Carroll Lacayo can review your full transcript to determine what errors if any occurred that could form the basis for an order for a motion for new trial.
WRIT OF HABEAS CORPUS
A writ of habeas corpus is a way to overturn a conviction or guilty plea because of a state or federal constitutional violation. An individual is entitled to reasonably effective legal representation. If your lawyer failed to advise you of a plea bargain offer, if your lawyer failed to advise you about the consequences of your plea bargain, if your lawyer incorrectly advised you about the consequences of your plea bargain, if your lawyer failed to investigate the facts of your case, if your lawyer did not allow you testify on your own behalf during trial, if your lawyer incorrectly explained the law to you, or if your lawyer had a conflict of interest you may be entitled to relief by a writ of habeas corpus. Other examples of habeas corpus issues are when there is newly discovered evidence that was not introduced in the original proceeding, an illegal sentence ordered by the original court, improper conduct on the part of the prosecutor, changes in the law, and convictions based on unconstitutional statutes. This is not an exhaustive list of claims that can be raised by a writ of habeas corpus. Mrs. Lacayo can review your case to determine if it might be subject to reversal by way of a writ of habeas corpus. This is a possible option even if your direct appeal was unsuccessful or if you did not file a direct appeal.
If you pled guilty to a crime but wish to withdraw your plea, it is important that you hire an aggressive criminal appellate attorney who understands the reasons to challenge a guilty plea. Some reasons to challenge your plea of guilty include the court’s failure to follow the statutory requirements in advising you of your rights, or if your attorney did not provide effective representation. Regardless of the reason why you believe you have grounds to challenge your guilty plea it is important that you hire a skilled attorney to review the transcripts of your plea and the court records on your case to determine what grounds exist to challenge your plea of guilty.