If you disagree with the outcome of your criminal case or feel you were treated unfairly during trial, you may have the option to appeal. Appeals allow you to challenge the verdict in a higher court and, in some cases, appeal a guilty plea. At Guest & Gray, our attorneys have extensive experience in the Texas criminal appeals process and will thoroughly review your case to determine your best options for appealing.
Criminal Appeals Resources
Before diving into the details of criminal appeals, take a look at some additional resources that may be relevant to your case:
- Appealing an Illegal Sentence
- Appeals of Sex Offender Registration Cases
- Immigration Status
- Ineffective Assistance of Counsel During Plea Negotiations
- Justification Defenses
- Motions for a New Trial in Texas
Common Criminal Appeals Questions
1. What Are My Options If I Disagree with the Verdict?
If a jury or judge finds you guilty, and you disagree with the result, you have the option to appeal. A higher court will review the trial to determine whether the verdict was supported by the evidence and whether your rights to a fair trial were upheld.
2. Can I Appeal After a Plea Bargain?
While some pleas require you to waive your right to appeal, there are exceptions. You may still be able to appeal if:
- The appeal concerns the trial court’s jurisdiction to hear the case.
- The appeal pertains to pre-trial motions.
- You obtained the trial court’s permission to appeal.
3. What Are the Deadlines for Filing an Appeal?
A notice of appeal must be filed within 30 days from the date you are sentenced in open court. It’s essential to meet this deadline to preserve your right to appeal.
4. How Long Does the Appeals Process Take?
The appellate process can be lengthy. On average, it can take at least six months, but it may last much longer. The process includes:
- Filing the notice of appeal
- Reviewing records by the clerk and reporter
- Submitting briefs from both parties
- Case submission, discussion, and final opinion issuance by the justices While specific timeframes exist, extensions are common.
5. Can I Bond Out While Pending Appeal?
Appellate bonds are possible, but they are subject to the trial court’s discretion. The court will decide whether to grant an appellate bond based on the circumstances of your case.
6. Why Might the Appellate Court Find Error But Not Reverse My Case?
In some cases, the appellate court may identify an error in the trial proceedings, but they will perform a “harm analysis” to determine whether the error affected the outcome of the case enough to warrant a reversal. If the error is deemed “harmless,” the decision will not be reversed.
7. What Happens If I Lose My Appeal?
If you lose your appeal, you can file a motion for rehearing with the appellate court. If the motion is overruled, you may petition the Court of Criminal Appeals to review your case. From there, you can petition the United States Supreme Court. However, these higher courts typically only hear cases that could impact changes in the law. If the appellate court’s mandate (the final document stating your conviction is final) is issued, you may file a writ of habeas corpus if you believe your constitutional rights were violated.
