Your Guide to Hiring a Federal Appeals Attorney in Texas
Stunned. Devastated. Lost. These are just some of the emotions that may arise if you or your loved one was recently found guilty of a federal crime in Texas.
While we can’t take away the shock and grief, we at Chris Perri Law, a boutique Texas criminal defense law firm with a focus on post-conviction and appellate cases at both the state and federal level, can try to help you feel less alone. That’s why we decided to create this appeals guide.
If you or someone you care about was just convicted of a federal crime in Texas and wants to appeal, we are here to help. Below, we break down the most important information to consider when trying to find the best federal criminal appeals attorney.
Keep in mind that federal courts have strict time restrictions on when you can file an appeal, so acting fast is crucial. To speak to an appellate attorney as soon as possible, call Chris Perri Law at (512) 269-0260 today.
Key Deadlines for Filing Federal Criminal Appeals in Texas
Intent to Appeal
When it comes to federal appeals, time is of the essence. A defendant has 14 days to file their notice of intent to appeal following the case’s final judgment. The day of the case’s final judgment is the day the case is officially closed—typically on the day of sentencing.
To clarify, you don’t need to file the entire appeal within 14 days – just the notice of appeal. This is a specific form that the courts provide. If you hire a federal appellate lawyer quickly, they can handle this process for you.
If you miss this deadline, you will not be able to file an appeal. Unfortunately, there are no exceptions. You may, however, be eligible for a 2255 federal writ of habeas corpus, which is another legal avenue available to challenge a federal criminal conviction.
Other Time Restraints
As you move through the federal appeal process, more deadlines will arise, but these deadlines will be specific to your case. A competent post-conviction attorney will keep in close communication with the federal courts, such as the United States Court of Appeals for the Fifth Circuit, to ensure all deadlines are met. When interviewing lawyers, don’t hesitate to ask about their organizational habits and time management strategies; it’s essential that you can trust them to stay on top of the case calendar.
What a Federal Appeal Can Do – and What It Cannot
A federal appeal is a legal procedure aimed at trying to overturn wrongful convictions based on finding legal errors already in the trial record. Quality appellate lawyers are trained to skillfully examine trial, hearing, and court records to spot any misapplications of the law. Examples of legal errors to raise on appeal include:
Improper admission of prosecution evidence at trial
Improper exclusion of defense evidence at trial
Incorrect ruling on a constitutional issue raised in a pre-trial hearing
Sentencing errors
Misinterpretation of the law by the judge
Insufficiency of evidence to support the conviction
On the other hand, a federal appeal is NOT the legal avenue to introduce new evidence, such as new DNA testing or a witness recantation. If you feel new evidence could prove a conviction was wrongful, then filing a 2255 federal writ of habeas corpus, another post-conviction relief procedure, would be the best legal path.
Federal appeals are also NOT the appropriate legal tool to try to reverse a plea deal. If you’re trying to overturn a federal plea bargain, then a writ of habeas corpus is the best option. An appellate attorney with ample experience can help you decipher whether a federal appeal or writ is the most strategic approach.
Further, a federal appeal is NOT a retrial and does NOT have the power to erase the criminal charges themselves. If successful, a federal appeal would reverse the case outcome and allow the defendant to return to the status of having been arrested for a federal crime in Texas, but not yet convicted.
Step-by-Step: The Federal Criminal Appeals Process in Texas
As you search for the best federal appellate criminal defense attorney, it can be helpful to understand the entire appellate legal process in full. Below you’ll find the typical steps most cases follow.
1. Filing the Notice of Appeal: You or your federal defense lawyer must file this document within 14 days of the district court’s final judgment. This preserves your right to file an appeal.
2. Reviewing the Record: Your post-conviction attorney will analyze all case records, including the trial transcript, motions, evidence, hearings, and rulings for any potential legal errors.
3. Appellate Briefs: Your appeals lawyer will file a written argument outlining any legal errors found and argue why the conviction or sentence should be reversed.
4. U.S. Government’s Response: The prosecution files a counter-brief defending the original decision.
5. Oral Arguments (Sometimes): In some cases, the federal appellate court, such as the Fifth Circuit, schedules a hearing where attorneys present their arguments in person.
6. Decision Issued by the Federal Appellate Court: This could take several months and may affirm, reverse, or remand the case for further proceedings.
Choosing the Right Federal Appeals Attorney for You
If you're considering a federal appeal for yourself or a loved one, you’ve most likely already been through an incredibly stressful, lengthy, and disappointing ordeal. Now more than ever, you deserve to have the support of a capable attorney who is honest, experienced, and prides themselves on excellence.
Keep in mind, federal appellate work is quite different from trial work. Not every criminal defense lawyer is also a competent appellate advocate. The best Texas federal appeal lawyers stand apart because they bring:
Meticulous understanding of legal precedent and appellate procedures
Sharp and diligent eyes when it comes to spotting legal errors, and
Mastery of persuasive legal writing and oral argument.
As you search for the best federal appeals attorney in Texas, consider asking candidates the following three questions.
1. What Is Their Experience with Federal Appeals and Post-Conviction Defense?
Not all criminal defense lawyers in Texas are equipped to take on post-conviction matters such as appeals—and not all appellate attorneys practice in the federal system. Be sure to ask specifically if the attorney is licensed to practice federal law in Texas and inquire further about their experience handling appeals.
Some related questions to ask: While appeals are very difficult to win, have they ever achieved success? Have they argued before the Fifth Circuit or other federal courts? Further, if an appeal is not the recommended strategy or doesn’t win, is the attorney experienced pursuing other post-conviction legal procedures, such as the writ of habeas corpus?
2. What Is Their Communication Style?
By the time someone is ready to hire a federal appellate attorney in Texas, they’ve likely already had to deal extensively with lawyers. One of the most common complaints we hear at Chris Perri Law is “my prior attorney never talked to me.”
It’s essential that you and your appeals lawyer have a shared understanding about the style and frequency of communication. Ideally, you’ll find someone who is compassionate, attentive, skilled at explaining complex legal information, and committed to keeping you informed as the case progresses.
There is a reason that lawyers are also called “counselors.” While your attorney is not a trained therapist, they ideally are someone with whom you can be completely forthcoming, and you have the right to expect honesty, respect, and consistent communication in return.
3. What Are Their Fees and How Do They Structure Them?
Federal appeals are typically billed as flat fees, though each law firm has its own approach to pricing. Some appellate lawyers allow payment plans, though many do not since appeals move fairly quickly.
Further, payment is for the attorney’s time, knowledge, and effort, regardless of case outcome. No reputable appeals attorney can promise favorable results, though they should be able to guarantee diligence, preparation, and a high standard of work. Make sure you understand exactly what you’re paying for so everyone is on the same page.
Learn about appeal costs at Chris Perri Law here.
When Choosing a Federal Appeals Lawyer, Trust Your Gut
Choosing the right Texas federal appeal attorney means vetting for honesty, expertise, and personality fit. Deciding who to put your faith in can be overwhelming, but in the end, listen to your gut. Yes, do your research, ask hard questions, and read reviews, but ultimately, go with who you trust. This will likely lead to a better experience.
If you’ve spoken to several candidates and still can’t decide, it’s always okay to ask more questions--as long as you keep in mind that you have only 14 days following the final judgment to file a notice of intent to appeal . Most defense attorneys understand the emotional, logistical, and financial weight of choosing the right legal representative. At Chris Perri Law, we encourage people to reach out for timely follow-up consultations, especially when the stakes are this high. We want you to feel confident in your decision.
Chris Perri Is an Experienced and Effective Federal Appeals Attorney Practicing Across Texas
With over twenty years of experience in post-conviction criminal law, Chris Perri is an award-winning defense attorney known for his sharp legal acumen, deep empathy, and unwavering commitment to justice for the wrongfully convicted. Licensed in both state and federal courts, he’s based in Austin and handles criminal appeals across Texas. Chris Perri has successfully overturned wrongful convictions—and he may be able to help you, too.
If you or someone you love are seeking legal help in Texas, please call (512)269-0260 or visit www.chrisperrilaw.com for a free consultation today.