appeals

Appeals | Pre- and Post-Conviction Remedies in Texas

Appeals in Criminal Cases

If you have been convicted of a crime after a trial or motion hearing, the judge and your attorney will advise you that you have a right to appeal. In some cases, you may have a right of appeal even if you after you have pled guilty – although these situations are rare.

The attorneys at Varghese Summersett PLLC have handled appeals in state and federal court. Three of our attorneys are also Board Certified in Criminal Law, a designation that less than 1% of attorneys in Texas hold. This makes them experts in criminal law and particularly suited to handle criminal appeals.

What makes a criminal appeal successful?

A successful appeal is often a matter of throughly investigating the trial record and preparing convincing arguments to the court of appeals showing error in the trial courts decisions or actions.

When do I need to give notice of appeal in a criminal case?

A notice of appeal should be filed within 30 days from the imposition of the sentence. For probation cases, that within 30 days from the date of revocation or adjudication and not from the date the defendant is placed on probation.

Our attorneys handle direct appeals and post-conviction matters. We do not, however, handle writs of habeas corpus involving claims of ineffective assistance of counsel.

Motion for New Trial

A motion for new trial is another tool in our arsenal for challenging an underlying conviction. New trial means the rehearing of a criminal action after the trial
court has on the defendant’s motion, set aside a finding or verdict of guilt. A motion for new trial extends the time to file a notice of appeal from 30 days to 90 days after the imposition of a sentence. The defendant must request an evidentiary hearing in the motion for new trial or it is lost. A Motion for New Trial on Punishment may also be filed under Texas Rules of Appellate Procedure 21.1(b).

When must a motion for a new trial be presented?

A motion for new trial must be presented to the judge within 10 days from the filing of the Motion for New Trial. An evidentiary hearing must take place within 75 days of the imposition of the sentence. If the court does not rule within 75 days of the imposition of the sentence, the Motion for New Trial is overruled by operation of law, giving rise to another potential basis for appeal.

Pre-Trial Appeals (Interlocutory Appeals)

Our firm also handles pre-trial appeals in circumstances where where an extraordinary remedy is called for.

When Interlocutory Appeals are Proper and Improper

A defendant may use a pretrial writ of habeas corpus in limited circumstances including to raise certain issues which, if meritorious, would bar prosecution or conviction. Pretrial habeas corpus may be used to litigate the existence of probable cause to believe that the defendant is guilty of the charged offense. Ex parte Wright, 136 S.W.2d 212 (Tex. Crim. App. 1940). Note that the defendant is not entitled to pretrial habeas corpus relief where a magistrate found probable cause after an examining trial and the defendant introduces no evidence at the habeas hearing to undermine that finding. Ex parte Martin, 45 S.W.2d 965 (Tex. Crim. App. 1932).

A defendant initially may challenge the constitutionality of a statute in a pretrial motion to dismiss. State v. Wofford, 34 S.W.3d 671, 675 (Tex. App.—Austin 2000, no pet.). A defendant may not challenge the trial court’s denial of a pretrial motion to suppress evidence through a pre-trial appeal. Ex parte Conner, 439 S.W.2d 350 (Tex. Crim. App. 1969); Ex parte King, 134 S.W.3d 500 (Tex. App.—Austin 2004, pet. ref’d).

If you are interested in an appeal, either pre-trial, or post-conviction, or if you are interested in other post-conviction remedies like certain writs, contact our office at (817) 203-2220 or online: