Being convicted of a crime can change your life in many ways. It can lead to jail time, fines, and a criminal record that affects your future.
But a conviction doesn’t always mean the end. There are legal ways to fight back and try to reduce or overturn the charges.
If you live in Houston, Texas, a large city known for its busy court system and strong legal presence, getting legal help is important. A skilled Houston defense lawyer can make a big difference in how your case turns out.
Let’s look at four legal strategies that people use to fight criminal convictions.
Filing an Appeal
One common strategy is to file an appeal. This means asking a higher court to review your case and check if legal mistakes were made during your trial. You don’t bring new evidence in an appeal; instead, you argue that something went wrong the first time.
Examples of legal mistakes include:
- The judge gave the wrong instructions to the jury.
- Your rights were violated during the trial.
- The evidence used to convict you was not strong or clear.
- Your lawyer did not defend you properly.
Appeals can be tough, but they’re not hopeless. In fact, according to the Bureau of Justice Statistics, about 1 in 8 criminal appeals (about 15%) result in the conviction being overturned or the sentence changed. This shows that appeals can work if handled correctly.
Requesting a New Trial
Another strategy is to ask for a new trial. If the judge agrees that your first trial was not fair, you may be given a fresh chance to prove your case. Unlike an appeal, a new trial gives you the chance to start over and present your case again, sometimes with new evidence or a different lawyer. Reasons a court may grant a new trial include:
- New evidence that was not available earlier.
- Jurors were unfair or acted improperly.
- The original trial was unfair due to legal mistakes.
- Your previous lawyer didn’t do a good job.
Applying for Pardon and Clemency
A pardon or clemency is another option for people with criminal convictions. This does not erase the conviction, but it can reduce the punishment or restore lost rights. These are granted by a state governor or the president in federal cases. You must write a formal request and explain why you deserve forgiveness. People who have shown good behavior and have changed their lives often have better chances of being approved.
Seeking Sentence Reduction or Modification
Sometimes, even if the conviction stands, the sentence can be changed. This is called sentence modification or reduction.
Reasons this might be approved include:
- The original sentence was too harsh.
- The law has changed and now carries a lighter punishment.
- You have shown good behavior in prison or completed a program.
You or your lawyer must file a request with the court, explaining why the sentence should be lowered or changed. This can help reduce the time spent in prison or ease other penalties.
Conclusion
Being convicted of a crime is serious, but it’s not always final. Legal options like filing an appeal, requesting a new trial, seeking a pardon, or asking for a lighter sentence can help improve your situation.
If you or someone you know is facing a conviction, speak to a qualified defense attorney. An experienced defense lawyer can guide you through the best strategy and fight for your rights. Don’t give up, there’s always a path forward when you understand your legal choices.
