If an agency has ruled against you and you would like to initiate the appeal process or find out more about your appeal rights, contact the offices of Kuniansky & Associates to see how our experienced federal appeals attorneys may assist you. We are available to review your case and discuss with you the merits of a possible appeal.

An appeal is a review of the trial court proceedings by a seperate appellate court in order to determine whether the proceedings were carried out according to law. The review by the court is based entirely upon written records of the trial court proceedings, including the reporter's transcripts.

Courts don't always get things right the first time. Due to bad decisions by judges and prosecutors, legal mistakes, rights violations or inadequate representation, the first court that hears a case can sometimes make a serious mistake. And when courts make mistakes, the consequences are severe: Too much prison time, violations of Constitutional rights or even an innocent person in prison. That's why both the State of Texas and the federal government give you the right to appeal a conviction -- that is, ask a higher court to review decisions by your trial court. In fact, if it's appropriate, you may be able to keep on appealing your case to higher courts until you reach the U.S. Supreme Court.

The appellate court does not hold a new trial or accept new evidence. The attorneys present most of their arguments in writing and the defendant, who is known as the "appellant", does not appear before the court. The attorneys may appear briefly and orally argue the case.

Every defendant convicted after a trial or guilty plea is entitled to a direct appeal.

An appeal is started by the filing of a notice of appeal with the clerk of the court in which the case was tried within ten days after the district court enters the judgment of conviction, or within ten days after the government files a notice of appeal.

The ten-day time limit is mandatory and jurisdictional. However, within the thirty days after the ten-day period has expired, a defendant may move for leave to file a late notice of appeal based on excusable neglect. The denial of a motion for leave to file a late appeal is itself a final appealable order.

When a person is charged with a federal or state crime there are other collateral consequences to consider including family concerns. Our job as criminal defense lawyers is to counsel the client and the family regarding the difficult process of negotiating the troubled waters of the federal or state criminal justice systems.

Today's legal environment is highly complex, challenging and even intimidating. This is particularly true in criminal cases where a defendant can face the loss of important constitutional rights, the imposition of substantial financial penalties and the possibility of incarceration. Hiring an experienced state and federal criminal lawyer can make a big difference in the outcome of any case.

At Kuniansky & Associates we have the skills necessary to effectively defend individuals and corporations charged with a range of serious federal and state crimes. We are committed to providing personal attention to every client and have a deep understanding of prosecutorial strategies, conducting thorough investigations and preparation in every case. We have more than 30 years of valuable trial experience to bring to your defense.

Criminal appeals and post-conviction proceedings are some of the most important parts of the United States criminal legal system. Without them, unfair or wrongful convictions might never be addressed, allowing innocent or unfairly convicted people to languish in prison for decades. If you're considering pursuing an appeal in a Federal or Texas criminal case, it's important to make sure you hire an appeals attorney who is well-versed and comfortable with state and federal appellate law.The law office of Kuniansky & Associates will work diligently to ensure your rights are protected.

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