Appealing a Texas Drug Conviction After a Motion To Suppress Was Denied
This is the next post in our series discussing how search and seizure issues may impact Texas drug possession cases. Our last post discussed how a criminal defense attorney may help if a person’s fourth amendment rights were violated when the police were collecting evidence. In this post we will discuss the possibility of appealing a conviction after one’s Motion To Suppress was denied.
The denial of a suppression motion can be grounds for Georgetown residents to file a Texas criminal appeal
Georgetown area residents can seek to have a conviction reversed by an appellate court once they have been found guilty by a Texas trial court. One reason a criminal defense lawyer may be able to file an appeal, in a drug possession case, is if the trial Judge incorrectly denied a suppression motion and admitted evidence at trial. This is more common than one may think as not all search and seizure issues are clear cut. The Judge may have made an error in interpreting facts or may have erred in regards to the law. It must be understood, however, that the appellate process is very different from the trial court process.
An appeal is not a new trial or a re-hashing of evidence that was presented at the lower court. One cannot introduce new evidence or arguments during an appeal. Appeals are based only on what occurred during one’s trial and whether or not a mistake was made by the trial judge. If your original criminal defense attorney did not file a Motion to Suppress evidence then you may not appeal the admission of the evidence. In other words, an appeal may only be used to say that the lower court erred in how it decided specific issues; if an issue was not presented to the lower court then it cannot be appealed.
It is important that Georgetown residents retain a lawyer who will explore all possible options when defending a drug possession charge
Hopefully a criminal defendant does not reach the point of having to file an appeal. If, however, it becomes necessary then it is important that one has previously had a criminal defense lawyer who explored all possible options. A lack of exploring options can lead to issues not being raised, motions not being filed, and arguments not being made. Each of these could have been the subject of an eventual appeal. Many defendants make the mistake of not retaining a private attorney or retaining the first lawyer they speak to. Ensuring that your rights are fully protected, throughout the process, may depend on hiring counsel who will explore all possible options.
Our attorneys regularly defend those who have been charged with illegal drug possession. Contact us today to schedule an initial consultation. In addition to Georgetown, we service the surrounding communities of Austin, Bartlett, Cedar Park, Florence, Granger, Hutto, Jarrell, Leander, Liberty Hill, Round Rock, Taylor, Thrall, and Weir.