If you or someone you know has been convicted of a crime in Texas, you might be unsure about what to do next. Understanding the appeals process in Texas criminal cases can help you determine your options.
An appeal gives you the chance to challenge a conviction or sentence. With that, you can ask a higher court to review the trial and determine whether any mistakes were made that could have impacted the outcome.
While the process may seem intimidating at first, taking it step by step can help you feel more confident moving forward. Here is a breakdown of the process in the criminal court system.
What Happens with an Appeal?
An appeal is not a new trial. Instead, this is a chance for a higher court to look back at what happened during your trial. They will see if any legal errors occurred.
Along with that, the appeals focus on the trial record, such as transcripts, evidence, and rulings made by the judge.
In Texas, where your appeal goes depends on the case. If a misdemeanor was tried in a county court, the appeal goes to a regional Court of Appeals. For felony cases or serious misdemeanors tried in district court, appeals are reviewed by the Texas Court of Criminal Appeals, which is the highest criminal court in the state.
What Are the Reasons for Filing an Appeal?
Keep in mind that you cannot appeal just because you didn’t like the outcome of your trial. All appeals must be based on specific legal issues. Some of the reasons include:
- Problems with evidence
- Prosecutor misconduct
- Ineffective legal representation
- Jury issues
- Incorrect jury instructions
- Sentencing errors
If any of these issues occurred during the trial, you may be able to appeal the decision of your case.
What Is the Appeals Process?
If you want to file an appeal for a criminal conviction in Texas, there are several steps that you need to follow:
File a Notice of Appeal
The first step is to file a Notice of Appeal with the court where you were convicted. You have to act quickly. Many times, this is within 30 days of your sentencing. Missing this deadline can mean losing your chance to appeal.
Prepare Your Appellate Brief
Once the notice is filed, your legal team needs to write an appellate brief. This argument explains why you believe the trial court made mistakes. Your attorney will carefully review the trial record to identify issues and develop a persuasive argument on your behalf. Along with that, the prosecution will also file a brief defending the trial court’s decision and arguing against your claims.
Deliver Oral Arguments
In some cases, the appellate court may allow both sides to present oral arguments. The defense and prosecution can explain their positions and answer questions from the judges. However, not every appeal includes this step. It is up to the discretion of the court whether this process is necessary.
The Court’s Decision
After reviewing the briefs, the appellate court will issue a decision. This could take months. The court has a few options:
- Affirm the conviction: The court agrees with the original decision, and your conviction stands.
- Reverse the conviction: The court finds that serious mistakes were made. In turn, this overturns your conviction. Sometimes, this could lead to a new trial or even a dismissal of charges.
- Modify the sentence: If there was an error in sentencing, the court might adjust it without affecting the conviction itself.
- Remand: The court might send your case back to the trial court for additional proceedings, such as fixing an error or holding a new trial.
Pursuing Additional Appeals
If the appellate court’s decision does not resolve the issue, there may still be options for additional review. For felony cases, the next step could be the Texas Court of Criminal Appeals. However, in very rare cases, appeals involving constitutional issues might even go to the U.S. Supreme Court.
Find Legal Help for Your Criminal Case
Understanding the appeals process in Texas criminal cases can help you approach this next step with confidence. If you or someone you love is facing an appeal, you will want to reach out to an experienced Texas criminal defense lawyer.
Reach out to the Law Office of Kerrisa Chelkowski. We are here to support you throughout any state or federal legal process. Contact us today to schedule a consultation so we can start protecting your rights.