Getting convicted of a felony in Texas is more than a legal setback; this can upend your entire life. You may be facing years behind bars, hefty fines, and a criminal record that follows you long after you’ve served your time. Even though a judge handed down a sentence, that does not mean the case is closed.
If mistakes were made during your trial, your rights were violated, or the law was not applied correctly, you may have the legal right to challenge that outcome through an appeal.
Appealing a felony sentence involves identifying where the legal system may have gone off track. If you have been affected by an error, here is what you need to know about how to appeal a felony conviction in Texas.
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What an Appeal Means
Many people have a common misconception about the process. No, an appeal is not a new trial. You cannot call new witnesses, introduce new evidence, or tell your side of the story again. Instead, an appeal asks a higher court to look over the original trial and decide whether legal mistakes were made that could have changed the outcome.
Some of the most common grounds for appeal include:
- The judge made a legal error, like admitting improper evidence or giving the jury the wrong instructions.
- The verdict was not supported by the evidence presented.
- Your defense attorney did not provide effective representation.
- Your constitutional rights, like the right to a fair trial, were violated.
If any of these issues occurred in your case, you may have a valid basis for an appeal.
Step 1: File a Notice of Appeal
The clock starts ticking as soon as you are sentenced. In most felony cases, you only have 30 days to file a Notice of Appeal. If you also file a motion for a new trial, that window can extend to 90 days. Remember that the deadlines are strict.
This notice tells the court that you are challenging the result of your case and want a higher court to review what happened. It must be filed with the trial court clerk, and the prosecutor will also need a copy.
Step 2: Review the Record and Write the Brief
Once the appeal is underway, your lawyer will order the trial record. This includes court transcripts, exhibits, motions, and rulings. They will go over everything to find the strongest legal arguments to present to the appellate court.
These arguments are then outlined in a formal written document called an appellate brief. This is the heart of your appeal. It explains what went wrong during your case and why the conviction or sentence should be overturned or changed.
The prosecutor will file a response brief. In short, this defends the trial court’s decision. In some cases, the appellate court may also schedule oral arguments.
Step 3: Wait for a Decision
After the briefs are filed, the appellate court will begin its review. This process can take several months. The judges are not looking at whether you’re guilty or innocent; they will determine whether the law was followed correctly.
The court’s decision could result in:
- Affirming the conviction and sentence
- Reversing the conviction
- Modifying the sentence
- Ruling that an error occurred but was harmless
Step 4: Explore Further Options if Needed
If the court of appeals denies your appeal, that is not necessarily the end of the road. You can ask the Texas Court of Criminal Appeals to review your case by filing a petition for discretionary review. That court does not have to take your case, but it might if your appeal raises important legal questions.
There’s also the option of pursuing post-conviction relief through a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure, especially if new evidence has come to light or your constitutional rights were seriously violated.
You Have Options After a Conviction
If you’re dealing with a felony conviction in Texas, the case is not necessarily over. When you know the process, you know how to appeal a sentence after a felony conviction in Texas. The appeals process can catch and correct legal mistakes that should never have happened in the first place.
An appeal is your chance to fight back with the law on your side. You only get one shot at an appeal and want to make it count with an experienced criminal defense lawyer.
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.