If you’ve been convicted of a crime in San Antonio, Texas, the fight is not over. You have the legal right to challenge your conviction through a criminal appeal. At Jones & De La Garza, we focus on post-conviction and appellate advocacy, helping clients across San Antonio, Bexar County, and Texas pursue justice through the appellate courts.
Whether you’re appealing a misdemeanor or a felony, a state appeal is a critical legal remedy. We help clients understand their rights under the Texas Rules of Appellate Procedure and the Texas Code of Criminal Procedure—the two pillars governing criminal appeals in Texas.
What Is a Criminal Appeal in Texas?
A criminal appeal is a formal request to a higher court to review and correct legal errors made during a criminal trial. It is not a new trial. Instead, the appellate court examines the trial court’s record to determine if any legal mistakes affected the verdict or sentence.
Criminal appeals in Texas are governed by:
- Texas Rules of Appellate Procedure (TRAP) – These rules dictate how and when appeals must be filed, the format and content of appellate briefs, timelines, and how appellate courts evaluate cases.
- Texas Code of Criminal Procedure – This code outlines the legal framework for criminal trials and appeals, including sentencing guidelines, jurisdiction, and rights of the accused.
Types of Criminal Appeals in Texas
- Direct Appeal – This is the most common type of appeal and must be filed shortly after sentencing. It focuses solely on the trial record and aims to reverse a conviction or reduce a sentence due to trial court errors.
- Petition for Discretionary Review (PDR) – If your case is denied by the intermediate appellate court, you can request the Texas Court of Criminal Appeals—the highest criminal court in Texas—to review your case. The court has discretion to accept or deny the petition.
- Interlocutory Appeal – Filed before a trial is completed, this rare type of appeal is used to challenge specific legal issues that arise pre-trial or mid-trial, such as the admissibility of evidence.
- Post-Conviction Habeas Corpus – When appeals are exhausted or unavailable, you may seek relief through a writ of habeas corpus. This is covered under Articles 11.07, 11.072, and 11.071 of the Texas Code of Criminal Procedure.
Common Grounds for Appeal
- Improper jury instructions
- Unlawfully obtained evidence (Fourth Amendment violations)
- Ineffective assistance of trial counsel
- Prosecutorial misconduct
- Judicial bias or error
- Sentencing errors
- Constitutional violations during trial
Appeals Timeline and Deadlines
- You typically have 30 days from the date of sentencing to file a Notice of Appeal.
- If a Motion for New Trial is filed, the timeline can be extended to 90 days.
- The appellate court’s decision may take several months, depending on the complexity of the case and the court’s docket.
Missing a deadline can forfeit your right to appeal. That’s why it’s essential to act quickly and consult an experienced appellate attorney.
The Appeals Process in Texas
- Notice of Appeal – Formally notifies the court and prosecution that you intend to appeal.
- Record Preparation – The trial court clerk and court reporter prepare the official record, including transcripts and evidence.
- Briefing – Your appellate attorney files a written brief outlining the legal arguments. The prosecution then responds.
- Oral Argument – In some cases, the appellate court allows oral argument where your attorney can argue the case before a panel of judges.
- Appellate Decision – The court will affirm, reverse, remand, or modify the lower court’s decision.
Why Choose Jones & De La Garza As Your Criminal Appeal Lawyers in San Antonio, Texas?
- Extensive experience in Texas appellate courts
- Lead appellate attorney Dayna L. Jones has argued before the Fourth Court of Appeals, Fifth Circuit, and Texas Court of Criminal Appeals
- Strategic brief writing and exceptional oral advocacy
- Deep knowledge of Texas post-conviction appeal law
- Client-centered communication and honest and opened case evaluation
Speak with a Texas Criminal Appeals Lawyer Today
Whether your case was in San Antonio, Bexar County, or another Texas jurisdiction, Jones & De La Garza can help you file an appeal, evaluate your legal options, and fight for justice. We represent clients at every level—from intermediate appellate courts to the Texas Court of Criminal Appeals.
Schedule a confidential consultation today to protect your rights and your future.
