The Woodlands, Texas Criminal Appeals Lawyers

Knowledgeable Attorneys Helping With Criminal Appeals in The Woodlands

If you have been convicted of a criminal offense, you should know that you have the right to appeal your case. This gives you the chance to have a higher court review the decision, which can potentially result in a changed outcome. To ensure that you are fairly represented, consider working with a criminal appeals attorney in The Woodlands.

At Barbieri Law Firm, we can provide you with strong representation in a criminal appeal, bringing the court's attention to any legal issues that may have affected your case. We have decades of shared legal experience in criminal law, so you can trust us to provide you with clear guidance.

How Long Do You Have to File an Appeal After a Conviction in Texas?

In most Texas criminal cases, the clock starts running the day the judge imposes (or suspends) sentence in open court. The deadline to file a notice of appeal is usually 30 days. If a timely motion for new trial is filed, the deadline is usually 90 days.

Meeting these deadlines is critical. Missing them can end the appeal before it begins, even when serious legal errors happened at trial.

How Do You Request an Appeal?

A direct appeal typically begins with a notice of appeal filed in the trial court. After that, the appellate process focuses on the written record, including transcripts, exhibits, motions, rulings, and the final judgment.

From there, the case is briefed, and the court of appeals reviews what happened for legal error. In Texas, most criminal appeals go first to one of the courts of appeals, and those decisions may be reviewed by the Texas Court of Criminal Appeals. Death penalty cases go directly to the Texas Court of Criminal Appeals.

What Are the Grounds to Appeal a Conviction?

An appeal is not a "do-over" of the trial. The appellate court generally reviews legal mistakes, not new evidence, and it usually does not re-weigh witness credibility. Strong appeal issues often involve problems such as:

• Trial court errors, like excluding key defense evidence, admitting improper evidence, or giving the jury the wrong legal instructions
• Constitutional violations, such as unlawful searches, coerced statements, or limits on the right to present a defense
• Prosecutorial misconduct or improper argument that may have affected the verdict
• Insufficient evidence claims, when the evidence at trial did not meet the legal standard required for conviction
• Sentencing errors, including an illegal sentence or incorrect punishment procedure

Ineffective assistance of counsel issues sometimes appear on appeal, but many of those claims require facts outside the trial record and may be raised through other post-conviction procedures instead.

Possible Outcomes of an Appeal in Texas

There are multiple possible outcomes to an appeal. Texas appellate courts may affirm the conviction, meaning the judgment and sentence remain in place. In some cases, the court may modify the judgment to correct a legal or clerical error without ordering a new trial.

If the appellate court identifies a reversible error, it may reverse the conviction. A reversal can result in a remand for further proceedings, which may include a new trial. In more limited circumstances, the court may reverse and render the judgment that should have been rendered under the law, which can effectively end the prosecution on the charge at issue. An appeal may also be dismissed on procedural grounds, such as an untimely filing or a defect in the appellate process.

Contact a Criminal Appeals Attorney in The Woodlands, TX

If you are considering an appeal, reach out to Barbieri Law Firm. We review convictions with care, identify appealable errors, and build a focused plan for the next step. Call 972-424-1902 or contact our criminal appeals attorneys in The Woodlands, TX to set up a free consultation.