If you’ve been convicted of a crime in Texas, you might be considering whether to appeal the decision. Understanding the timeline for filing an appeal is crucial to ensuring that you don’t miss your chance. In Texas, the appeal process involves strict deadlines that must be met, so here’s a quick breakdown of the key timelines and steps to keep in mind.
Deadline for Filing an Appeal
In Texas, the time limit for filing a notice of appeal varies depending on the type of conviction:
Criminal Convictions in County or District Court: If you’re appealing a conviction in a county or district court, you must file a notice of appeal within 30 days of your conviction being entered. This applies whether you were convicted by a jury or a judge.
Steps to Take When Filing an Appeal
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File a Notice of Appeal: This is the first step and must be filed in the court where your trial took place. The notice is crucial because it lets the court and the prosecution know you intend to challenge the conviction.
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Appointing an Attorney: If you don’t already have an attorney, or if you can’t afford one, the court will appoint one for you. An experienced appellate attorney can guide you through the process and help ensure your appeal is properly filed.
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Filing Briefs: Your attorney will need to file written briefs that argue the legal errors made during your trial. The prosecution will also have the opportunity to file briefs in response.
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Court’s Decision: After reviewing the briefs and the trial record, the appellate court will make a decision. They can either affirm the conviction, reverse the conviction, or send the case back for a retrial.
Don’t Miss the Deadline
Filing an appeal in Texas can be complicated, but it is your right if you believe your conviction was unfair. The 30-day deadline can pass quickly, so it’s essential to act fast and contact an experienced criminal defense attorney to ensure your appeal is filed on time.
Need Help With an Appeal?
If you’re considering appealing a conviction in Texas, don’t wait until it’s too late. Get in touch with Benton Baker IV Attorney At Lawtoday to discuss your case and get expert guidance on how to proceed with your appeal. Let us help you fight for your rights. Call (936) 494-2444 or fill out our online form to schedule a consultation.