If you’ve been convicted of a crime in Texas, you might be wondering if there’s still hope. You may have heard about filing an appeal, but it’s not always clear what that means—or how a Texas criminal appeals lawyer can help.
In this article, we’ll explain:
- What an appeals lawyer can do for your case
- What they can’t do
- Why it’s important to act quickly after a conviction
Let’s break it down in simple terms.
What a Texas Criminal Appeals Lawyer Can Do for You
A criminal appeals lawyer focuses on fixing legal mistakes that may have happened during your trial. They are not there to re-argue the facts or tell your story again. Instead, they focus on legal errors that affected the fairness of your case.
Here are some of the most common ways an appeals lawyer can help:
-
Spot Legal Mistakes in Your Trial
Let’s say the judge gave the jury wrong instructions, or your lawyer wasn’t allowed to present important evidence. These are the kinds of mistakes an appeals lawyer looks for.
For example:
- In a drug case, the judge may have allowed the jury to hear evidence that should have been kept out.
- Or, in an assault case, the jury may have been told the wrong law about self-defense.
An appeals lawyer reviews your trial transcripts and records to find these errors.
-
Argue That Your Rights Were Violated
Your constitutional rights matter in court. If they were ignored—such as the right to a fair trial, the right to a lawyer, or the right to stay silent—an appeals lawyer can argue that your case should be reviewed.
Example:
If you were forced to speak without a lawyer present, or your lawyer didn’t defend you properly, an appeals lawyer can bring these issues to the court’s attention.
-
Ask for a New Trial or a Different Outcome
If the appeals court agrees that serious mistakes were made, they may:
- Reverse the conviction
- Send the case back for a new trial
- Reduce your sentence
But remember: This doesn’t happen in every case. It depends on the strength of the legal arguments.
What a Texas Criminal Appeals Lawyer Can’t Do for You
An appeals lawyer is not the same as a trial lawyer. They don’t get to bring in new evidence or call new witnesses. Their job is to review what already happened in the trial and argue that mistakes were made.
Here are some things an appeals lawyer can’t do:
- They can’t retry your case from scratch.
The appeals court doesn’t hear your story all over again. They only look at the trial record—what was said, what evidence was used, and how the law was applied. - They can’t fix every problem.
Not every unfair outcome is a legal mistake. Sometimes, even if the verdict feels wrong, there may not be a legal reason to overturn it. - They can’t introduce new facts.
Let’s say you discover new evidence, like a video or a witness who wasn’t found during the trial. A regular appeal might not be able to help. However, a post-conviction relief lawyer might file a separate motion (like a writ of habeas corpus) to bring in new information.
Why Acting Fast Matters
In Texas, you usually have 30 days after sentencing to file a notice of appeal. If you miss this deadline, you could lose the chance to appeal.
That’s why it’s so important to speak to a criminal appeals lawyer as soon as possible after a conviction. They can review your case, explain your options, and help you decide the best way forward.
The Bottom Line
A Texas criminal appeals lawyer is there to help you challenge legal mistakes in your case—not to start over from the beginning. They are experts at spotting errors, arguing points of law, and giving you a chance at a better outcome.
But remember: Appeals are a complex process with strict deadlines. If you believe something went wrong in your trial, don’t wait. Talk to an appeals lawyer right away to protect your rights.
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