A Comprehensive Guide on How to Appeal a Criminal Conviction in Texas

When a verdict is reached, it's easy for those convicted of a crime to feel like all hope is lost. The good news is that convicts have a legal right to file an appeal if the decision made by the court feels unfair. However, navigating the legal process can be incredibly challenging.

This article was written with the intention of helping family members or those who fear a conviction understand their options and how to go about appealing a criminal conviction.

Understanding Criminal Appeals

Before filing, it is important that the appellant understands what a criminal appeal is and how it works.

Put simply, an appeal is a formal plea to a higher court to possibly overturn a decision made by a lower court. If the person who was convicted feels like the decision was unfair or that errors were made during the trial, they would go this route. For more information, our criminal defense attorney in Fort Worth may be able to help.

There are two options available to appellants: Filing a notice of appeal or a motion for a new trial.

Notice of Appeal

A notice of appeal is a formal document that informs the court of the appellant's intentions to contest the verdict. In Texas, those who intend to file this notice must do so within 30 days of the date that the outcome is announced. After this period, the appellant will lose his or her right to submit this notice.

Once it is filed, the appellate court will obtain the defendant's trial court record, along with the associated evidence, transcripts, and more. The convict's attorneys will then prepare a document describing the legal errors or misjudgments that may have led to an unfair conviction.

Motion for a New Trial

This motion is filed after an erroneous verdict in the first trial. Like the notice of appeal, it must be filed with the appellate courts within 30 days of the pronouncement of the verdict. It's also important to note that the trial judge will need to receive this motion within 10 days of it being filed.

If the motion is granted, the appellant will be allowed the opportunity to present new evidence or have the verdict challenged at a new trial in a Texas court. However, if it is denied, the appellant may then proceed to the appeals court by filing a notice of appeal.

When this motion is submitted, it also extends the deadline for filing a notice of appeal to 90 days.

Types of Errors in Criminal Cases

There are a number of errors that can result in an unfair verdict in a criminal case, which includes the following:

• Legal errors. This is the most common reason for appeals. A legal error might include the misinterpretation of a law or allowing inadmissible evidence to be used in a trial.

• Constitutional violations. If the appellant's legal rights were violated, they may have grounds for an appeal.

• Procedural errors. In cases where the proper procedure is not followed when electing members of the jury or if all evidence is not disclosed, an appeal can be filed.

How to Appeal a Criminal Conviction in Texas

Here is an overview of the criminal appeals process:

Step 1: File a Motion for a New Trial or a Notice of Appeal

To begin the appeals process, the appellant's trial lawyer will file the relevant notice. This must be done within 30 days of the pronouncement of the guilty verdict. Keep in mind that appellants may be eligible for an appeal bond if their sentence was less than 10 years or if no aggravated felony was committed.

Step 2: Preparation of the Brief and Case Review

The attorney will then prepare and submit a brief to the court to present the case and disclose why the court should consider changing the guilty verdict. They can consult on bail bond laws in Texas.

It's important to note that an appeal is not a new trial (unless, of course, a new trial has been granted). The court will review the case to identify any legal errors by looking closely at the appellate record and notes made by the court reporter and court clerk.

Since witnesses will not appear in person, their written statements may be viewed differently, possibly helping to secure a favorable outcome.

Step 3: Oral Arguments

In some cases, the relevant legal representatives will make oral arguments before the judge, where they will be required to answer questions.

Step 4: The Court Will Reach a Decision

After the judge reviews the briefs, oral arguments, and other documents, a verdict will be reached. Possible outcomes include the following:

• Affirmation of a guilty verdict,

• Request for a new trial to be held,

• Reversing the initial sentence, or

• Changing the sentence.

There Is Still Hope If the Appeal Is Lost

If the appeal process does not go as expected, there are still options available. A discretionary review may be requested within 30 days of the appeal's verdict to contest the outcome. It's important for appellants to remember that their petition must be no longer than 15 pages and will need to describe why the lower appeals court should accept the case.

The Texas Court of Criminal Appeals may also be approached, and if the right outcome is still not achieved, convicts have a legal right to file a writ of habeas corpus with the federal court. Our team also has insight on questions like Is bail possible after a conviction in Texas?

Appealing a Criminal Conviction Demands Expert Legal Representation

When errors or unfair judgments result in someone being unfairly convicted of a crime, they have the right to file an appeal. However, although it may seem simple, navigating the legal landscape and overturning a guilty verdict requires expertise.

At Sparks Law Firm, we understand how stressful an unfair or erroneous conviction can be. Our team works tirelessly to ensure that justice prevails. We aren't afraid to appeal to the United States Supreme Court to ensure that every possible avenue is explored.

To learn more, appellants or their loved ones can contact Sparks Law Firm to schedule a free consultation with one of our expert legal advocates.