Best Appeal Lawyers in Texas

About Appeal Law in Texas, United States

Appeal law in Texas offers individuals the opportunity to challenge decisions made by courts or administrative bodies. An appeal refers to the legal process in which a higher court is asked to review the decision of a lower court. Appeals are not retrials, but rather focus on claims that errors of law or procedure affected the outcome of the original case. Texas has a structured appellate system that includes the Courts of Appeals, the Texas Court of Criminal Appeals, and the Texas Supreme Court. Understanding the timeline, grounds, and procedures for appeals is essential if you are considering pursuing this path in Texas.

Why You May Need a Lawyer

Appeals involve complex legal procedures and strict deadlines. Here are common situations where legal help in an appeal may be necessary:

• You believe a legal or procedural error occurred during your trial that affected the result.
• The evidence was insufficient to support the verdict against you.
• Your constitutional rights were violated during your trial or hearing.
• There are disputes about how the law was interpreted or applied in your case.
• You need guidance with preparing appellate briefs and oral arguments.
• You want advice on whether your case qualifies for an appeal or a writ.
• Deadlines for filing an appeal are approaching, and you are unsure how to proceed.
• The original judgment may impact your life significantly, such as in criminal convictions, child custody, or business disputes.

Lawyers specialized in appeals can assess your case, advise you on the likelihood of success, and handle the complex legal requirements involved in the appellate process in Texas.

Local Laws Overview

Texas has its own appeal procedures governed by state laws and rules of appellate procedure. Here are key aspects relevant to appeals in Texas:

• Most appeals begin at one of the 14 Texas Courts of Appeals. Each court covers a different geographic region within Texas.
• Criminal appeals proceed through these same courts, with the Texas Court of Criminal Appeals acting as the highest court for criminal matters.
• Civil appeals from district or county courts also move to the intermediate courts of appeal, with discretionary review possible at the Texas Supreme Court.
• There are strict deadlines for filing an appeal. In most cases, a notice of appeal must be filed within 30 days of the final judgment. Some situations allow even less time.
• Appeals are decided on the record from the trial court, which includes transcripts, filings, and evidence presented at trial. New evidence is not considered.
• Appeals are based on legal arguments made in written briefs and sometimes oral arguments before the appellate judges.
• The appellate court may affirm, reverse, or remand the case back to the lower court for further proceedings.

Frequently Asked Questions

What is an appeal in Texas?

An appeal is the process of asking a higher court to review and potentially change the decision of a lower court, based on claims of legal or procedural error.

Is an appeal a new trial?

No, an appeal is not a new trial. The appellate court reviews only the record and decisions of the lower court to determine if errors occurred.

What is the deadline for filing an appeal in Texas?

The deadline to file a notice of appeal is usually 30 days from the date the judgment or order is signed. Some cases, especially involving the government, may have shorter deadlines.

Can new evidence be introduced during the appeal?

Generally, no. The appellate court reviews only the evidence and transcripts from the original trial or hearing. New evidence is not allowed.

What issues can be raised on appeal?

Only legal mistakes or errors that were properly preserved during trial can be raised, such as incorrect jury instructions, improper admission of evidence, or insufficient evidence for conviction.

How long does the appeal process take in Texas?

The timeline varies but can range from several months to over a year, depending on the complexity of the case and the specific appellate court's docket.

What happens if I win my appeal?

If you win, the appellate court may reverse the decision, order a new trial, or send the case back to the lower court for further action consistent with its findings.

Can I appeal any type of case in Texas?

Most final judgments in criminal and civil cases can be appealed, but some interlocutory or non-final orders may not be immediately appealable. Consult with an attorney to confirm your rights of appeal.

Do I need a lawyer to file an appeal?

You are not legally required to have a lawyer, but given the complexity and strict rules of appellate procedure, having an experienced appellate attorney is highly recommended.

What are the costs involved in an appeal?

Costs can include court filing fees, costs for transcripts, attorney’s fees, and other related expenses. In some cases, fee waivers may be available if you cannot afford the fees.

Additional Resources

If you need more information or assistance concerning appeals in Texas, the following resources can be helpful:

• Texas Courts of Appeals - Visit the official websites of the 14 appellate courts for local rules, filing information, and contact details.
• Texas Supreme Court and Court of Criminal Appeals - Official websites provide forms, guidance, and opinions.
• State Bar of Texas - Offers resources for finding qualified appellate attorneys and information about the appellate process.
• Texas Young Lawyers Association - Publishes free guides and resources about state court procedures.
• TexasLawHelp.org - A website with legal information and forms for self-represented litigants.
• Local law libraries - Publicly accessible libraries with legal research materials and guides on Texas law.

Next Steps

If you are considering an appeal, act quickly since appeal deadlines in Texas are strict. Here are the recommended steps:

• Review the court documents you received to verify the date of the judgment and any information about appeal rights.
• Consult with an experienced appellate attorney to evaluate your case and confirm the proper deadline and grounds for appeal.
• Gather all documents and records from your original case, including transcripts, evidence, and any court orders.
• File a notice of appeal with the appropriate court before the deadline passes. Your attorney can handle this process for you.
• Work with your legal representative to prepare and submit all required briefs and documents for the appeal.
• Stay informed about all court deadlines and compliance requirements as your case progresses through the appellate system.

Seeking early advice from a qualified professional can make a significant difference in the outcome of your appeal. Always ensure that your appeal is filed correctly and on time to protect your legal rights under Texas law.