The process of a criminal appeal is a long and winding road that can take six months to a year. While all appeals are different, the process is still the same. Understanding the basic concepts of a criminal appeal will help you better understand what is happening in your case. Here are some common questions:

What is an Appeal?

A criminal appeal is basically a review of the trial to determine whether the defendant received a fair trial. An appeal focuses on the trial court’s rulings to determine if they were correct. Generally, appellate courts will not second-guess the jury verdict (meaning judge it to see if it is correct).

Who decides appeals?

In Texas, the first criminal appeal goes to one of the Courts of Appeal. There are 14 courts of appeals in Texas. Each court has at least three judges, and most have more. Appeal court judges are elected like other judges, and many times the appeal court judges have been trial judges at one time. Each appeal is decided by a panel of three judges. The courts of appeal hear both criminal appeals and civil appeals.

How do you start an appeal?

A criminal appeal is started by filing a notice of appeal. Unless, fore example, a motion for new trial is filed, this appeal notice must be filed within 30 days of the judgment and sentence. The notice is just a short statement stating that you want to appeal, what you are appealing from, and which court of appeals will hear the appeal. The notice of appeal is filed with the clerk.

Do I need to do anything other than file a notice of appeal?

The record must also be obtained. There are two parts of a record in a criminal case. One is the clerk’s record. That is a copy of all the documents filed with the court, such as the indictment, pleadings, judgment and sentence.

The second part is the reporter’s record. This a transcript prepared by the court reporter of everything said in court. It is your obligation to contact the court reporter and order the record. Court reporters charge by the page, so the longer the trial, the more expensive the record will be. Generally, plan on $500 or so per day of testimony.

What relief can be obtained?

A Court of Appeals can either reverse and remand a case, or reverse and enter a judgment of acquittal. Normally cases are remanded, which means you go back to the trial court and everything starts all over again.

Can I be released on bond?

The answer depends on the type of offense for which you were convicted and/or the length of your sentence. long your sentence is. If it is less than ten years, you may be eligible for a bond. If it is more than ten years you cannot be released on bond. In misdemeanor cases, you are always entitled to be released on bond.

There are some cases where you can never get an appeal bond. One of those is aggravated sexual assault.