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Appeals FAQ
 Questions
How much time to I have to file my appeal? [Answer]
Will I be able to remain on bond during the appeal if sentenced to a term of incarceration? [Answer]
What happens if I win my appeal? [Answer]
Does an appellate court hear witnesses testify? [Answer]
How long does an appeal take? [Answer]
Which court will hear my appeal? [Answer]
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How much time to I have to file my appeal?
The appellate process begins with the filing of a Notice of Appeal. If the Notice of Appeal is not timely filed, you may loose your right to appeal. In state cases, (except in some Municipal or Justice of the Peace Court proceedings) the notice of appeal must be filed within 30 days of the sentencing date unless a Motion for New Trial has been timely filed. If a Motion for New Trial has been filed, the Notice of Appeal must be filed within 90 days of the sentencing. In federal cases the Notice of Appeal must generally be filed within 10 days of the date of sentencing. Note: These deadlines are extremely important. You should contact an attorney immediately if you are contemplating an appeal. You should not rely on your own calculations of the deadline for filing a Notice of Appeal. It is important that your attorney have as much time as possible to prepare the appeal. The Notice of Appeal is just the first step in the process. |
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Will I be able to remain on bond during the appeal if sentenced to a term of incarceration?
It depends on the offense for which you were convicted and the sentenced you received. In state court, a conviction for certain serious offenses (mainly those involving violence or sexual conduct with children) disqualifies the defendant for bond pending appeal. In other offenses, the defendant is eligible for bond pending appeal if the sentence is less than 10 years. Otherwise, the defendant will be in custody while the appeal is pending. |
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What happens if I win my appeal?
If the appellate court concluded that the evidence was legally insufficient to support the conviction an acquittal will be ordered. If the appellate court concluded that evidence was improperly admitted or excluded, or other procedural errors were made at your trial, and the court further concludes that the error was not harmless, the case will be returned to the trial court for a new trial. The prosecution has the option of either going forward again with the case or dismissing it. If the appellate court has ruled that evidence critical to the prosecution’s case cannot be used at a subsequent trial, the prosecution may have no choice but to dismiss the case or risk a certain verdict of acquittal. |
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Does an appellate court hear witnesses testify?
No. An appellant court makes its ruling in a case from examining the written transcript of the trial prepared by the court reporter. The attorney’s for each side prepare written arguments called briefs that point out errors in the trial and argue the applicable law. |
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How long does an appeal take?
The time varies greatly. An appeal may take from about 8 or 9 months to several years depending on the complexity of the case and the particular court or courts to which the appeal is taken. |
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Which court will hear my appeal?
In Texas, cases prosecuted by the state are appealed first to the Court of Appeals for the area in which the case was tried. For instance, cases tried in Austin are usually appealed to the Third Court of Appeals in Austin. The losing party before the Court of Appeals has the right to petition the Texas Court of Criminal Appeals to review the lower court’s decision. The Court of Criminal Appeals has the discretion to hear or refuse to hear a case. In cases involving the death penalty, the appeal is taken directly to the Court of Criminal Appeals. In that instance, the Court of Criminal Appeals must review the case. Federal appeals in Texas are heard by the United States Court of Appeals for the Fifth Circuit, based in New Orleans. Under certain circumstances appeals may be taken from state courts to the United States Supreme Court. Appeals may also be taken from a Federal Appeals Court to the United States Supreme Court. Only a small number of appeals to the United States Supreme Court are actually accepted by the court for review. |
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