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Appealing a Criminal Conviction in Texas

A criminal conviction can feel like the final chapter in a tough journey, but in reality, it might just be the beginning of a new fight. In Texas, being found guilty in court doesn’t necessarily mean the case is closed for good. You have the right to appeal—an opportunity to challenge what went wrong during your trial and potentially turn the situation around.

Whether you’re dealing with the shock of a recent conviction or simply exploring your options, understanding the appeals process is crucial. Here’s what you need to know to make an informed decision.

What is a Criminal Appeal?

An appeal is a legal process where a higher court, known as the appellate court or court of appeal, reviews the decision made by a lower trial court. It’s not a new trial. Instead, the appellate court examines the legal proceedings of the original trial to ensure everything was handled properly. If mistakes were made that impacted the outcome of the case, the conviction could be overturned, or the case could be sent back for a new trial.

Grounds for Appeal in Texas

Not every issue from your trial can be appealed. The appeals process focuses on legal arguments and errors that could have affected the verdict. Here are some common grounds for an appeal:

  • False Arrest: If you believe you were wrongfully arrested without proper legal justification.
  • Evidence Issues: When evidence was either wrongly admitted into the trial, improperly excluded, or wasn’t enough to support the conviction.
  • Ineffective Counsel: If your defense attorney didn’t provide adequate representation, you might be able to appeal on the grounds of ineffective assistance of counsel.
  • Jury Misconduct: Any inappropriate behavior or actions by the jury that could have impacted the trial’s outcome.

Most criminal convictions can be appealed, whether for misdemeanors or felonies. However, if a death penalty has been imposed, the appeals process is handled differently and often involves a series of specialized reviews. It’s crucial to act quickly in any case, as there are strict deadlines for filing an appeal.

Process for Appealing a Criminal Conviction

Appeals don’t involve new evidence or witnesses. Instead, the appeals court reviews the existing trial records to find any errors from the original trial. Your lawyer submits these records, and the original witnesses’ written statements are read.

There’s only limited time to file an appeal. Your lawyer must file a Notice of Appeal within 30 days of the court’s final decision on your conviction. Afterward, the opposing side can respond. Both parties can present oral arguments, with 20 minutes for questions and answers. The court decides whether any errors occurred in the original trial and issues a written opinion based on its review.

What Happens to the Defendant During an Appeal?

When someone appeals a criminal conviction, here’s what usually happens during the process:

  1. Staying in Custody: If the person is in jail or prison, they usually stay there while the appeal is being reviewed. In some cases, they might be allowed to be out on bail while waiting for the appeal decision, but this depends on their situation and the court’s decision.
  2. Ongoing Legal Help: The person should keep working with their lawyer. The lawyer handles all the paperwork and legal arguments needed for the appeal.
  3. Decision Pending: The original conviction and sentence remain in effect until the appeals court makes a decision. If the appeal is successful, the court might change the outcome—like overturning the conviction or reducing the sentence. If the appeal is unsuccessful, the original verdict and sentence stay the same.

In short, while the appeal is happening, things generally stay the same for the person until the court makes a new decision.

Can You Appeal Again If You Lose?

If your first appeal is unsuccessful, you may have the option to appeal to a higher court, such as the Texas Court of Criminal Appeals or even the federal courts. However, each level of appeal becomes more challenging, and the chances of success decrease.

Arrested? Don’t Plea, Call Me!

Appealing for a criminal conviction in Texas can be a complex process, but it’s a critical opportunity to ensure that your rights are protected during the trial. If you believe that errors were made in your case, it’s important to discuss your options with Texas Criminal Defense Group which can guide you through the appeals process. While appeals don’t guarantee a new outcome, they provide a chance to correct mistakes and potentially change the course of your future.

If you’re considering an appeal, don’t wait—take action as soon as possible to protect your rights and pursue justice.