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Just because the judgment was made does not mean it is final. Our firm attorneys are experienced in both civil and criminal appeals, including parental termination (CPS) appeals.

In March of 2018, we won a Petition for Discretionary Review in the Texas Court of Criminal Appeals, the highest criminal court in Texas. As a result, the Court overturned a conviction, by a unanimous vote, and ordered an acquittal of our client.

We have conducted oral arguments in both cases involving illegal searches and seizures in the 5th and 6th Court of Appeals. Additionally, we prepared and won a Writ of Mandamus in the 12th Court of Appeals regarding DNA testing in a CPS case. And these are just a few of the appellate cases we have worked. Below are some frequently asked questions regarding appeals. 

The purpose of a criminal appeal

According to the American Bar Association the purpose of an appeal is to 

  • protect the defendants against prejudicial legal error during the process that led to conviction and against verdicts unsupported by sufficient evidence. 
  • foster and maintain uniform, consistent standards and practices in legal practice 

Who can file an appeal?

Only the defendant has the right to appeal if found guilty. The prosecutor does not have the right to appeal if the defendant is found not guilty. "A defendant should have the right to appeal from any final judgement of a trial court adverse to the defendant" (United States Courts). Even if the outcome of the trial is:

      • a sentence of probation
      • after the defendant pleas guilty or no contest
      • after a suspended sentence

If the defendant enters into a plea agreement, he waives his right to appeal. 

How do you appeal a criminal case in Texas?

You have 30 days to file a notice of appeal after the verdict is announced. After 30 days you lose the right to appeal. 

Do I have the right to appeal my criminal case in TX?

Yes, it is your right to appeal any conviction adverse to the defendant. 

The most common reasons for criminal case appeals

  • abuse of discretion by the judge
  • jury misconduct
  • improper admission or exclusion of evidence
  • insufficient evidence
  • ineffective assistance of counsel
  • prosecutorial misconduct

Now Serving Bonham and Greenville, Tx! Call or text us to schedule a consultation at (903) 458-9108