Filing an appeal in a criminal case

Filing an appeal in a criminal case

| May 29, 2020 | Uncategorized

When one is convicted of a crime in Texas, it is not the end of the story as far as their legal rights are concerned. They have the right to appeal their conviction to higher courts. However, they must make sure to follow the rules of the court closely when filing an appeal because the guidelines can be precise.

Unless one is charged with a misdemeanor with no jail time, one will be convicted in the district or country courts in Texas. Then, they can file one appeal to each subsequent level of the court. In Texas, that means that the defendant can file one appeal with the Court of Appeals. Then, if they are unsuccessful in this court, they can file another appeal with the Court of Criminal Appeals, which is the highest court in Texas for criminal matters. They may then file another appeal with the United States Supreme Court, although it would be rare for the Supreme Court to take the case.

It is important to file the court’s timeliness rules in appeals because when they are missed, the defendant may lose their right to an appeal. The appeal is commenced with a notice of appeal to first inform the court. Then, the defendant must file the appellate brief with the court that describes how the lower court erred in their trial.

Those who are in the criminal justice system most likely need the help of a criminal defense attorney. Even if they did not have a lawyer in their trial, an attorney may help them with filing an appeal with the court. Texas courts have strict rules for the submission of briefs and appellate proceedings that must be followed in order for the defendant to be able to file an appeal. This is where an attorney will be valuable.