What Are the Four Steps in the Appeals Process in Texas?

Appeals Process in the Texas Court System

If you were convicted of a crime by a Texas court, you may be able to appeal your conviction or sentence. An experienced Texas criminal appeals lawyer can help you pursue the relief you desire through an appeal of the trial court decision. Because there are strict deadlines for initiating an appeal, it is best to contact a lawyer as soon as possible after the lower court’s decision is made to preserve your right to appeal.

How an Experienced Criminal Defense Lawyer Can Help with Your Appeal

Practicing in the Texas appeal courts differs from defending you at trial. When preparing for your trial, your attorney gathered evidence and spoke to witnesses. At trial, they presented that evidence in support of your defense. They may have also called witnesses to the stand to testify on your behalf as they contested the prosecutor’s allegations against you.

At the appellate court level, your attorney will review and analyze the evidence presented at trial, including the trial record. If we determine that any errors resulted in your conviction or affected your sentence, we will advise you concerning your right to appeal and the likelihood of a higher court overturning the trial court’s ruling against you.

While we cannot guarantee your case’s outcome, our attorneys have the knowledge and experience to know how the Texas Court of Criminal Appeals justices may rule based on prior precedent. With an attorney from Broden & Mickelsen, LLP, you can trust you will have a skilled and knowledgeable criminal appeals attorney on your side to seek your best outcome.

How Does an Appeal Work in Court?

An appeal is different from the trial you may have just experienced. Instead of one judge or jury deciding your fate, a three-judge panel will hear your argument about what went wrong in the trial court case. The state and your attorney prepare and present arguments in briefs, lengthy documents detailing discrepancies in how the law was applied in your case. The appellate court will issue a ruling after their analysis of the briefs and after the parties’ oral arguments.

In Texas, How Much Time Do You Have to Appeal?

The time for filing an appeal in Texas is not unlimited, highlighting the importance of contacting an experienced appellate attorney as soon as possible after your sentencing. Under Texas law, you must file a Notice of Appeal within 30 days of your sentencing. This time passes quickly, and your lawyer needs time to review your case and prepare the Notice of Appeal, so don’t wait to retain counsel.

How Long Does an Appeal Take in Texas?

Texas rules do not dictate how long an appeal will take. Once the appellate court receives the parties’ briefs and hears oral arguments, it will review and analyze the case with no set timeline to issue a decision. The number of cases on the court’s docket can affect how long your appeal could take, ranging from several months to over a year.

Given this uncertain timeline, you may wonder about the bond pending appeal. If you appeal a misdemeanor conviction, you are entitled to be released on reasonable bail. However, you cannot be released on bail pending the appeal of a felony conviction under certain circumstances, including when the punishment is at least ten years in prison.

Steps in Appeal Process

Your lawyer will advise you whether sufficient grounds for appeal exist in your case. If they determine such grounds exist, they will take the following steps:

  • File a Notice of Appeal – You have 30 days from your sentencing to file a Notice of Appeal. Your attorney will file an appellate brief in support of the appeal, and the state will file a brief in response. The appellate court reviews the briefs and hears the parties’ oral arguments. Following the arguments, the court will take the matter under advisement, meaning they will issue the decision later.
  • File a Motion for Rehearing – If the appellate court confirms the trial court’s ruling against you, you can file a Motion for Rehearing, requesting that the court reconsider its decision.
  • File a Petition for Discretionary Review – If the court, upon rehearing, confirms its adverse ruling against you, you can file a Petition for Discretionary Review. Your attorney must file this within 30 days after the ruling on the Motion for Rehearing. In the petition, you must demonstrate why the Court of Criminal Appeals, the final court of appeal for Texas criminal cases, should take your case, as it receives numerous petitions.
  • File a Writ of Certiorari to the United States Supreme Court – If the Court of Criminal Appeals denies your Petition for Discretionary Review, your last resort is filing a Writ of Certiorari to the United States Supreme Court. However, your attorney will likely only proceed with filing a Writ if your case has significant federal or constitutional issues. Filing a Writ does not guarantee the Supreme Court will take your case. As the highest court in the U.S., it decides a limited number of cases each year, often involving unique questions of law.

The Criminal Appellate Attorneys at Broden & Mickelsen, LLP Can Explain the Appeals Process During a Free Consultation

The Texas criminal appellate attorneys at Broden & Mickelsen, LLP offer their clients more than sixty years of combined criminal defense experience. We want to provide you with the same tenacious legal advocacy in your time of need.

As board-certified specialists in criminal and criminal appellate law by the Texas Board of Legal Specialization, Partners Clint Broden and Mick Mickelsen provide comprehensive legal representation at the trial and appellate levels in state and federal courts.

Although past results do not guarantee future outcomes, our firm is proud of its success for clients in post-conviction relief proceedings. If you have questions about filing an appeal in your case, call today or contact us online to speak to an experienced criminal appellate lawyer in a free consultation.