A criminal appeal is a formal request to rehear a case that has already been decided — a request that a new court reconsider the decision of the first court. When one or both sides of a case that has already been decided think there was a mistake made at trial, they can file an appeal. An appeal is entirely different than a jury trial. There is no testimony taken. The court of appeals decides the case entirely upon the written briefs filed by your attorney and the office of the Attorney General who represents the prosecution and asks that the conviction be upheld.
The Criminal Appeals Process in the State of Texas
Keep in mind that not all of the following options may apply to your specific situation. However, the following is a general overview of the criminal appeals process in Texas:
- Trial Court Sentencing: After a conviction, sentencing is set at the trial court level.
- Court of appeals:You have 30 days after sentencing to file a notice of appeal. The appeal is filed in one of the 14 court of appeals in Texas.
- Texas Court of Criminal Appeals:If the case is not remanded or reversed at the court of appeals level, you have 45 days to file an appeal to the Texas Court of Criminal Appeals. This is the highest appellate court level in Texas.
- United States Supreme Court:The next level would be to file a petition for writ of certiorari to the United States Supreme Court.
- Appeal United States Supreme Court ruling
If you require criminal appellate court representation in Texas, contact The Law Offices of Jerry Michael Acosta by clicking here or call us at (714) 869-4000.