Appeals Attorney Dallas TX

Criminal and Civil Appellate Attorneys Dallas

Welcome to Illich & Shin, PLLC.

We represent clients who have been convicted of a variety of crimes, ranging from driving while intoxicated to murder.  We also represent civil litigants who have either prevailed in the trial court and need to protect a judgment or who have had a judgment entered against them.

Grace spent 20 years representing the State in criminal appeals and handled over 200 appeals during her tenure as a prosecutor. Grace now brings that experience to our clients.

Niles has extensive experience as a criminal appeals attorney. Niles began his career as a briefing attorney for a justice on the First Court of Appeals in Houston, Texas.

Call us today at 469-828-9017 or send details of your appeal via the contact form to schedule a consultation.

What We Do for You as Your Criminal or Civil Appellate Attorneys

** Grace is not yet board certified in criminal appellate law, but she has twenty years’ experience representing the State in criminal appeals.

As your Criminal or Civil Appellate Attorney, we will begin by making certain that you understand the appellate process.  There are critical distinctions between the issues that are appropriate to be raised in the appellate court and the issues that were raised in the trial court.  The appellate process really begins when the trial court clerk and the court reporter file their records.  After the records are filed, we will have thirty days to draft your brief.

We will discuss ways for you to follow the appeal.  If you desire, we can arrange it so that you get electronic notices from the appellate court when something happens in your case.

Types of criminal appeal cases we work on include, but are not limited to the following:

• Aggravated Robbery – Oftentimes robbery cases involve the law of parties. The law of parties makes an appeal interesting but more complicated.  Arguments about the jury charge and the sufficiency of the evidence are often made in such cases. Such arguments require careful briefing.
• Sexual Assault, Sexual Assault of a Child – These are some of the most difficult cases to handle in both the trial and appellate courts.  As an example, the procedures for determining whether outcry-witness testimony were proper are technical and often misunderstood.  The sentences associated with these convictions are often long.  These cases require good appellate representation.
• Possession of Controlled Substances – Appellate courts see many appeals of drug convictions, and the important thing with these appeals is to make your brief stand out.  The brief needs to tell the court that this is not just another drug case that should be affirmed.  A lot goes into making a brief stand out, but without that effort cases like this might not get the attention that they deserve.  If your case has not gone to trial yet, talk with your attorney about a motion to suppress.
• Burglary of a Habitation – These cases can be like the drug cases, and a good brief is required to make the court take notice.  These cases are often more technical than the drug cases.
• Murder Conviction – Murder cases are difficult, and careful writing is the only way to approach them.  In many instances these need to be approached with an eye towards an 11.07  writ of habeas corpus.  The burden is on the applicant in a writ, so a successful writ often has many exhibits attached to it.  The exhibits are usually evidence that the attorney has gathered in the form of affidavit testimony. Over time this testimony gets increasingly difficult to locate. Obtaining the affidavit testimony while doing the direct appeal is the best way to approach an appeal of a murder conviction. Of course, you hope to never need the writ, but you want to have the evidence if you do.
• Theft – Theft convictions, even for small amounts, have long-lasting consequences. Theft is a so-called “crime of moral turpitude,” and it will prevent the defendant from getting jobs, serving on juries, etc.  These are important cases to appeal, even if the amount of the theft is small. This is one of the few areas where a misdemeanor offense should almost always be appealed.

Types of civil appeals cases we work on include, but are not limited to, the following:

• Family-Law Appeals – These are often the hardest cases to appeal. The trial  court often has wide discretion in how it decides the case. While the trial court has wide of discretion, it must still follow the rules set out in the Family Code and in the Rules of Civil Procedure.  Such appeals are often best approached by arguing a failure to follow the rules of the Family Code rather than on a sufficiency-of-the-evidence basis or by arguing that the trial court abused its discretion.
• Commercial-Law Disputes – From disputes between banks to contractual disputes, this is a very wide-ranging area of appellate work.  These should always start with a carefully prepared motion for new trial.
• Personal-Injury Claims – These are the most commonly reversed trial court decisions.  Trial attorneys are often very effective in evoking an emotional response from a jury, but that emotional reaction does not translate well when trying to preserve an issue on appeal.  These should also begin with a strong motion for new trial.

We are experienced appellate attorneys. We enjoy  our work and will use our experience, education, and training to obtain the best possible result in your case.

Schedule a Consultation to Discuss Your Civil or Criminal Appeal

We encourage you to contact us to discuss your case.  The appellate courts operate on a timetable, and missing these deadlines will imperil any case.  You may find a lawyer who will charge less, but we encourage you to read and review their briefs before signing a contract.  Reach us at our office at 469-828-9017. We look forward to being your advocate.