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Criminal Appeals in Texas – 3 Things to Know

Criminal Appeals in Texas – 3 Things to Know

Those accused of a crime are entitled to receive a fair trial. However, mistakes are made and there are times that innocent people are found guilty.

Criminal appeals work as a sort of check and balance, by having the facts of your trial reviewed by a higher court. If the outcome of your criminal trial was a guilty verdict and your defense lawyer thinks that an error (or other injustice) was committed, you may have the option to appeal your case.

The following are three important facts about filing for a criminal appeal in the state of Texas.

Criminal Appeals Attorney

Criminal Appeals in Texas

1) There is a time limit.

In Texas, your defense lawyer has a maximum of 30 days in a state court cases and (only ten days in a federal court case) to file an appeal. After this time, it is very difficult to petition for an appeal. Within the same time limit, the defense lawyer also has the option of filing a motion (request) for a new trial for the purpose of exposing egregious issues with the case.

2) Your defense lawyer cannot introduce new evidence or testimony.

If an appeal is granted, the judges (usually three) assigned to hear the case do not review any new information. A defense lawyer will request an appeal when they believe that an error was committed at the previous trial. The judges’ purpose in the appeal process is to review the case file and determine whether or not an error was committed.

3) There are options after an affirmation.

If a significant error is discovered, the appellate court will overturn the verdict of the lower court. If the appellate court affirms (agrees with) the lower court’s decision, your defense lawyer can request that the case be heard once again by the appellate court or appeal to the Texas Supreme Court.

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