A conviction in a criminal case in Texas can have a damaging impact on your life. But the law provides you the chance to appeal a ruling of a trial court in an appeals court. When you want to make a successful appeal in an appellate court, you need to be aware of certain things first. Mentioned below are the major factors that you need to know about filing criminal appeals in Texas.
Is there a time limit for filing an appeal in Dallas?
Yes, there is a time limit and you should file your appeal within the prescribed limit. If you fail to do so, you may not be able to file an appeal later. Since it’s essential to follow the deadline for making an appeal, you need to get in touch with appeal lawyers as soon as possible. Remember that your lawyer must also get enough time to prepare the appeal.
Will the appellate court admit new evidence?
No, the appellate court doesn’t allow the admission of new evidence or hear witnesses testify. An appeal and a trial are two different legal procedures. So, evidence and witnesses have no place in criminal appeals.
How does the appeal process work in Texas?
The procedure of an appeal involves a number of steps in Texas. The process begins with the filing of a notice of appeal or a motion for a new trial.
- Constructing the Record
Once the process is started, your appeals lawyer will have to build the record. The record provides the appellate court all the information related to the case.
- Submitting the Briefs
After the record is filed, your lawyer will have to write the opening brief and submit it in court. When the opposing party presents a brief in reply to this, your lawyer will have the chance to file another brief as a reply to that.
- The decision of the court
The court analyses the record and the briefs and decides whether oral arguments are to be scheduled or not. If oral arguments are scheduled, the justices give limited time to the lawyers from both the sides to answer their questions. After this phase gets over, a resolution is arrived at for the appeal.
Is it important to hire a criminal appeals lawyer from Texas?
The law varies from one state to another. As such, it’s essential that you hire a criminal appeals lawyer who is well-versed with the appellate laws of the land. For instance, an experienced appeal lawyers in Dallas will have much better knowledge of handling an appeal in Texas than a lawyer from another state. So, it’s advisable to go for a good criminal appeals lawyer or law firm situated in Texas.
How long can the appeal take to resolve?
There is no fixed time within which an appeal may get resolved. Usually, criminal appeals may take months and sometimes even years to get resolved. The time for the resolution of an appeal mainly depends on how complex the case is.