How Long Do I Have to File a Criminal Appeal in Texas After Being Found Guilty?

If you or a loved one was found guilty at trial in Texas, managing the next steps can be overwhelming. If you feel the conviction was unfair and you’d like to appeal the outcome, then acting fast is key. Both the federal and Texas state appellate processes come with strict deadlines. If you miss the deadlines, there are no exceptions. 

At Chris Perri Law, a criminal defense law firm with a focus on federal and state appeals in Texas, we know these rules well. Below, we’ll walk you through everything you need to know to file a criminal appeal on time.

Note: While this article reviews what you should do before the appeal deadline, if you missed the time limit, you can still pursue another legal procedure called a writ of habeas corpus. Please reach out to Chris Perri Law for more information on a writ of habeas corpus.  

What is a Criminal Appeal?

“We’ll appeal it!” 

Many people have heard this term in the movies, but few actually understand what it means. 

A criminal appeal is a formal request to a higher court asking them to overturn a ruling by a lower court. Basically, you’re asking appellate judges, either at the federal or state level, to agree that the judge overseeing your trial made at least one inaccurate ruling that could have altered the results of your case. For example, you may argue that it wasn’t actually legal for the judge to allow a certain witness to appear. If the courts agree you had an unfair trial, then they’ll grant a new one. 

Drafting an appeal is highly technical and requires substantial case law knowledge and sound legal research skills. For the greatest chance of success, it’s essential to hire an appellate attorney in Texas, such as Chris Perri, who has ample experience in this unique area of criminal law. 

What is the Appeal Deadline in Texas State Court?

If a jury convicts you of breaking state law, then you have 30 days following the final judgment to notify the courts of your intent to appeal. Let’s break this down.

The final judgment means the last day of legal proceedings on your case. For example, if you had a separate sentencing hearing after your trial, then the appeals clock would start on the last day of that hearing, not the last day of your trial. Once your criminal case is completely over, the clock starts.

It’s also important to clarify that you are not required to turn in a completed appeal 30 days after your final judgment. You’re simply required to submit official paperwork stating your intent to pursue an appeal. If you’ve already hired an appellate attorney, they can handle this process for you and ensure no mistakes are made.  

The Motion for New Trial Exception

There is one exception to the rule. If your trial attorney filed a motion for a new trial within 30 days of the final judgment, then you now have 90 days from the judgment date instead of only 30 days to notify the courts of your plan to appeal. 

Already feeling overwhelmed? Call Chris Perri Law at (512)269-0260 for a free criminal appeal consultation.

What is the Appeal Deadline in Federal Court?

If a trial in federal court found you guilty, then you have only 14 days following the final judgment to inform the courts of your intent to appeal. This means time is of the essence and you should hire a federal appellate lawyer as quickly as possible.  

Are There Other Appellate Deadlines in Texas?

Yes, there will be additional deadlines related to your criminal appeal. However, these tend to vary case by case and will be communicated by the state or federal courts. A qualified criminal appellate attorney can keep you apprised and stay on top of this calendar.  

What If I Can’t Afford to Hire an Appellate Attorney Right Away?

Following a trial, many people have maxed out their finances and can’t afford to hire another criminal lawyer quickly. If cost is a barrier, you can ask the courts to appoint you an appellate public defender, which everyone by law is entitled to. Keep in mind that in this situation you won’t get to choose your attorney, and public defenders are often stretched thin. However, you will at least still have the opportunity to present your claims to the higher courts.  

You can always start with a court-appointed appellate attorney, and if you’re not satisfied with their work, then you can later replace them with a hired appellate lawyer, so long as the actual appeal has not yet been filed.  

For Help with a Federal or State Appeal in Texas, Call Chris Perri Today. 

An award-winning criminal appellate attorney who practices both federal and state law, Chris Perri is passionate about viewing every case with a fresh perspective and helping the wrongfully convicted reclaim their freedom. If you or someone you know received a wrongful or unfair criminal conviction, please visit us at www.chrisperrilaw.com or call (512) 269-0260 for more information.