Seadrift, TX Criminal Defense Law Firms & Lawyers

Everyone in this country who is convicted of a crime following a trial has a right to appeal their conviction and sentence to a higher court. However, the review of the trial and sentence usually is restricted to legal errors and evidentiary issues that were raised during the trial. The appeals courts generally do not allow for the presentation of new evidence. However, that being said, if a person who has been convicted of a crime, including capital murder, comes into possession of new evidence that was not available at the time of trial (or reasonably could not have been known at that time) which may now establish his innocence, he or she can return to the trial court (usually within certain time limitations) and request a new trial based on the newly discovered evidence. The trial court, in its discretion, may hold a hearing and determine whether the new evidence is substantial enough to warrant a new trial. If the defendant is found not guilty at the new trial, he or she would be released. Sometimes when a new trial is ordered, the defendant is released on bail pending the new trial. If a defendant loses all his state appeals, he or she can try again in federal court in what are called habeas proceedings. However, as a result of the 1994 Anti-Terrorism Act, there is a strict one year deadline for filing a habeas petition, including one based on newly discovered evidence. Much needed efforts are underway in a number of states and federally to waive the one-year filing deadline where the claim is based on newly discovered scientific evidence (such as DNA testing) that was not available at the time of trial and that is likely to prove the person''s factual innocence of the crime for which he or she was convicted.