How Does the Appeals Process Work in Texas?

In Texas, the criminal appeal process starts when the appellant files a written notice of appeal with the clerk’s office. Your Texas criminal appeals lawyer must file this notice within 30 days of the judgment or sentencing, and you must pay a filing fee.

Your attorney will then prepare an appellate brief outlining the legal errors they believe happened during the trial, supported by references to the trial’s record and specifying the relief sought, such as a new trial or a vacating of a conviction. After your appellate attorneys file documents to this effect, the prosecution prepares its own brief, arguing why the trial court’s decision should stand. If, after reviewing these briefs, the appellate court decides there is merit to your appeal, it may schedule an oral argument, where both sides present their points and answer the judges’ questions.

The court of appeals reviews the trial’s record, the briefs, and the oral arguments. Depending on their findings, the court can uphold the conviction, reverse it, order a new trial, or dismiss the case.