It is sometimes possible to appeal a criminal conviction. Below, our Texas criminal defense lawyer explains the process.
If you have been convicted of a crime, you have the right to appeal the decision. Appealing a conviction means asking a higher court to review the decision of the lower court. It is important to work with a lawyer who can file your appeal with the Texas Court of Appeals. The Texas Rules of Appellate Procedure outline how the process works, which our Texas criminal defense lawyer explains below.
Grounds for Appeal in Texas
There are many different grounds you can use to appeal the original conviction. These are as follows:
- False arrest
- Improper admission or exclusion of evidence
- Ineffective assistance of counsel
- Jury misconduct
Filing a Motion for Another Trial
Your lawyer can file a motion for a new trial. The motion must be filed within 30 days of the judgment at your first trial. The trial judge must also receive the motion within ten days of the motion being filed. Once your motion for a new trial has been filed, it will extend the deadline for filing the notice of appeal. When filing the motion, your lawyer may indicate the error that occurred during your first trial and resulted in the conviction.
Filing a Notice of Appeal
Once the court has announced the verdict in open court, you have 30 days to file a notice of appeal. If you have filed a motion for a new trial, this deadline is extended to 90 days. If you do not file your notice of appeal by this deadline, you will lose your right to appeal.
How Does the Appeals Process Work?
Appeals do not involve the presentation of new documents, witnesses, or affidavits. An appeal is also not a new trial. The appeals court will review the case record to identify any errors made during the first trial. The court will review the case record to determine if there were errors made in the first trial and the records created by the court reporter and court clerk will also be examined.
Your criminal defense lawyer will gather and present the records from the first trial to the appeals court. The original witnesses do not testify in the appeals court. Instead, the court will simply read their written statements. Once the trial records have been submitted, your lawyer has 30 days to file an opening brief or ask for an extension. Once the opening brief is filed, the opposing party can file a response.
Your lawyer, as well as opposing counsel, can make oral arguments to the court. The court will allow 20 minutes for questions and answers about the case. Lastly, the judge issues a written opinion about whether errors were made during the first trial.
Call Our Criminal Defense Lawyer in Texas for Help with Your Appeal
At Hoelscher Gebbia Cepeda, PLLC, our Texas criminal defense lawyer has the necessary experience appeals require and will put it to work for you. Call us now at (210) 222-9132 or fill out our online form to request a consultation and to learn more.