If you or someone you care about has been convicted of a crime in Texas, filing an appeal can feel intimidating. What happens next? What can you expect?
Here is a breakdown of what happens after you file a criminal appeal in Texas. With this information, you will know what to anticipate and how to prepare.
Practice Areas
Filing the Notice of Appeal
Your first official step is filing a notice of appeal with the trial court. This notifies the court and the prosecution that you are challenging the outcome of your case. In many situations, you have a tight deadline of either 30 days from your sentencing or 90 days if you filed a motion for a new trial to complete this action. Missing this deadline can mean losing your right to appeal.
Your Case Moves to the Appellate Court
Once the notice is filed, your case is transferred to one of the Texas Courts of Appeals. These courts will review what happened in your original case. The justices will determine if any legal errors were made that may have affected the outcome.
Collecting the Trial Records
The court will need a record of what occurred during the trial as part of the review process. They will analyze the Clerk’s Record. This will include all of the court documents, such as rulings, motions, and the final judgment.
Along with that, the Reporter’s Record will be scrutinized. This is the written transcription of everything that happened, from witness testimony to jury instructions.
It is up to your attorney to make sure the right materials are included in the record. This is what the appeals court will use to evaluate your case.
Writing and Submitting Briefs
Writing the briefs is one of the most important steps in the process. These documents are submitted to the appeals court that explain each side’s argument. Each side will present their own briefs.
As the appellant, your lawyer will outline the errors made during your trial. This is your chance to explain why those mistakes justify a reversal or new trial.
On the other hand, the State will respond with its own brief. Prosecutors will argue why the conviction should stand.
Sometimes, your attorney may file a reply brief to respond to the State’s arguments.
The appeal is based on the written arguments. For that reason, you need a strong, well-reasoned brief that justifies the reason for an appeal.
Oral Argument
These oral arguments do not always happen. But if the appellate court schedules an oral argument, your attorney and the State’s attorney will appear before a panel of judges. They will explain their positions and answer questions.
The Court Makes Its Decision
Once all the briefs are submitted, the judges will carefully review the case. They need to see if a legal error occurred. If there was an error, they will decide whether it was serious enough to impact the outcome of your trial.
In any situation, a ruling will be made. They can either:
- Affirm the conviction. This means the original decision stands.
- Reverse and remand. This sends the case back for a new trial or further proceedings.
- Reverse and render. This dismisses the charges, but this outcome is rare.
With that, you will receive a written opinion from the court explaining its reasoning.
What happens if you don’t get the desired result? You can appeal to a higher court.
Asking for Further Review
You still have options if the appellate court does not rule in your favor. You can ask the Texas Court of Criminal Appeals to review the case. Your attorney will need to file a petition for discretionary review. Keep in mind that a review is not automatic.
In rare cases with federal constitutional issues, you can take your case to the U.S. Supreme Court. However, that is a long shot for most appeals.
Find the Legal Help You Need for Your Texas Appeal
If you’re considering an appeal or just received a conviction, you need to talk to a qualified criminal defense lawyer as soon as possible.
At the Law Office of Kerrisa Chelkowski, we can support you throughout the appeals process. Contact us today to schedule a consultation so we can start a thorough review of your case.