If you have been convicted of a crime in Texas and want to file an appeal, you might want to know how long the criminal appeals process takes in Texas.
Unfortunately, the answer can vary. The timeline for a criminal appeal will depend on the details of the case, the court’s workload, and whether additional motions or hearings are needed. Some appeals are resolved within six months, while others can take two years or longer.
Here is what you need to know to ease some of the stress of waiting.
Timeline of a Criminal Appeal in Texas
There are two courts that will hold these appeals. They include:
- The Texas Courts of Appeals: These intermediate courts handle most criminal appeals.
- The Texas Court of Criminal Appeals: This is the highest criminal court in the state. If your case is not resolved at the lower appellate level, it may go here.
There could be a long court backlog. Some Texas appellate courts are overloaded. In turn, that can lead to longer wait times.
Depending on the venue, here is an idea of how long each step of the appeals process takes.
Filing the Notice of Appeal
Your first step is filing a Notice of Appeal with the trial court. This must be done within 30 days of sentencing. If there is a motion for a new trial, the timeline extends to 90 days.
With this notice, you tell the court you plan to appeal. Your legal team is not presenting legal arguments at this stage. However, missing this deadline can mean losing your right to appeal.
Preparing the Appellate Record
Once the appeal is filed, the trial court clerk and court reporter must create the appellate record. This includes trial transcripts, motions, rulings, and other key documents.
Sometimes, this process can take a few weeks to several months. This depends on the length of the trial and the court schedule. If your trial had a lot of testimony and evidence, expect this step to take longer.
Submitting Briefs
After the appellate record is ready, the defense attorney has 30 days to submit an appellate brief. This is a legal document that outlines the errors that occurred at trial.
There should also be reasons why the conviction should be overturned or the sentence reduced.
With that, the prosecution then has 30 days to file a response brief. In short, they are defending the trial court’s decision. Either side can request extensions. If that happens, the process can be increased by weeks or even months.
Oral Arguments
Keep in mind that not all appeals include oral arguments. However, if the appellate court requests them, both sides will appear before a panel of judges to argue their case.
If oral arguments are scheduled, that can take several months. And that is just to get on the court’s calendar. In many cases, the judges make a decision based on the written briefs.
Waiting for the Court’s Decision
Once the court has reviewed everything, it will issue a written decision. This is where the wait can feel the longest.
Some courts move quickly. They will issue decisions within a few months. But it could take over a year for those with a backlog of cases. In highly complex cases, the wait can take even longer.
If the appeal does not go in your favor, you may have the option to take the case to the Texas Court of Criminal Appeals. When that happens, you will add more time to the process.
Can an Appeal Be Expedited?
In rare cases, a defense attorney may request an expedited appeal. This can happen if the defendant is in jail or an urgent constitutional issue is at stake. However, courts rarely grant expedited appeals.
What to Expect with the Appeals Process
Now that you know how long the Criminal Appeals Process takes in Texas, you can prepare. The criminal appeals process rarely moves fast. Unfortunately, there is no way to predict exactly how long your process will take.
If you or a loved one is facing an appeal, you need to reach out to 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.