When a criminal case does not end in your favor, you have legal options. You may be able to appeal based on a legal error, a harsh sentence, or a constitutional violation. This process allows you to challenge the result. Unfortunately, you only have a limited window of time to act.
How long do you have to file an appeal in Texas? You need to act quickly, or you could lose your right to be heard. Here is what you need to know for this process.
The Standard Deadline
For most Texas criminal cases, the defendant has 30 days to file an appeal. That 30-day clock begins on the day the judge signs the final judgment. This is a firm deadline. If you don’t file your notice of appeal on time, the appellate court will not have jurisdiction to hear your case. You could be denied a hearing even if you have compelling evidence and arguments in your favor.
An Extended Deadline
If your defense attorney files a motion for a new trial within 30 days of sentencing, your deadline might be extended. A notice of appeal can be extended to 90 days from the judgment’s signing date.
This motion asks the trial court to reconsider the outcome. However, it needs to be based on a solid legal issue, such as
- A legal error
- Newly discovered evidence
- Issues like ineffective assistance of counsel
When this motion is filed, you may have extra time to decide whether to pursue an appeal. However, filing a motion for a new trial is not automatically granted. You will need the help of an attorney for this process. It must be done strategically and on time. If you are even considering an appeal, this motion gives your defense team additional time to prepare.
Are There Any Exceptions to the Deadline?
Texas courts are strict about appeal deadlines in criminal cases. If you miss the filing window, even by a single day, your appeal may be dismissed unless very specific exceptions apply. However, these are rare and difficult to establish, but they include:
- Out-of-time appeal granted through a post-conviction writ of habeas corpus
- Clerical or administrative error by the court or jail that prevented timely filing
- Equitable considerations, but only in exceptional circumstances
Keep in mind that these are not guaranteed remedies. For most situations, the safest approach is to meet the original deadline.
Appeals in Plea Bargain Cases
The appellate options are more limited for those who entered a guilty or no-contest plea. Many times, when you plead guilty as part of a plea bargain, you waive your right to appeal. However, there are times when the court gives you permission to file. This can happen if an error occurs after the plea. Once again, you should consult with your attorney to see if that can apply in your case.
Some plea bargains allow you to preserve the right to appeal. If your attorney preserved your rights in writing or there is another issue, you may still have options. However, the notice of appeal must be filed within 30 days, or 90 days if a motion for a new trial is filed.
What About Cases with Special Circumstances?
In some cases, appeals have special circumstances and different rules will apply, such as death penalty cases. These appeals go to the Texas Court of Criminal Appeals. The process in these cases follows a different timeline with direct appeals and post-conviction habeas proceedings.
You Could Lose Your Chance at Appeal
Even if you are unsure about appealing, you will want to preserve your rights. Filing a notice of appeal does not commit you to take action. However, it gives you time to evaluate the case and determine whether a formal appeal makes sense.
How long do you have to file an appeal in Texas? The right to appeal is not open-ended. If you believe your trial was mishandled, your sentence was excessive, or your rights were violated, contact a criminal defense attorney with appellate experience immediately.
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.