During a Texas state criminal prosecution, several decisions can significantly impact the defendant's rights. These include decisions made by the judge, such as granting or denying a motion to suppress evidence, a motion to dismiss for lack of evidence, or a motion to recuse the judge.
If the case proceeds to trial, the jury plays a crucial role in making critical decisions, including rendering a verdict of guilty or not guilty for each charge. In some cases, the jury may also be required to determine the validity of specific enhancements or allegations.
If a plea of guilty or no contest has been entered, the options for appeal are limited. A defendant may only appeal in the following situations: if the trial court lacked subject matter jurisdiction, if the plea agreement was violated or made involuntarily, and if there was an error in sentencing or other error as provided by law, but only if preserved by a motion to withdraw the plea.
Many of these decisions can be appealed to a higher court, including federal courts. However, the available appellate remedies, procedural deadlines, and likelihood of appeal success will depend on each case's specific details. If you are facing criminal charges in Texas, it's essential to consult with an experienced criminal defense attorney who can guide you through the process and help protect your rights.
If you or someone you know is considering filing an appeal in a Texas state criminal case, our skilled criminal defense attorneys are available for an initial consultation. With a successful track record in various types of appeal situations, we have the experience and knowledge to navigate the complex and time-sensitive legal rules and procedures involved in the appeals process. To discuss your case, please get in touch with us at 713-909-0002.
DWI Punishments
Texas Court of Appeals
The primary route for appealing a conviction in Texas is through a direct appeal to the Texas Court of Appeals. This type of appeal allows the defendant to challenge legal decisions made by the trial court that adversely affected their case, such as incorrect jury instructions or evidentiary rulings.
A direct appeal may also raise concerns about juror bias or misconduct or challenge the sufficiency of the evidence presented at trial. However, it is challenging to demonstrate that the evidence was insufficient, as the defendant must show that no reasonable jury could have convicted them based on the evidence presented.
If a direct appeal is unsuccessful, the defendant may appeal to the Texas Supreme Court. Additionally, any legal issues that were raised in the direct appeal and were not resolved in the defendant's favor can be raised in a writ of habeas corpus filed in federal court.
Interlocutory Appeal
In Texas, Interlocutory Writs are a legal option to appeal trial court orders. Writs of prohibition and writs of mandate are the two most common forms of writs. Essentially, a writ is a directive from a higher court to a lower court to either perform a specific action (mandate) or refrain from doing something (prohibition).
Interlocutory writs differ from direct appeals because they are typically filed before a final judgment has been made, while the case is still pending in the trial court and has not yet gone to trial.
One of the most common reasons for filing a writ is when a trial court denies a defendant's motion to suppress evidence based on a violation of constitutional rights. Since the evidence that the defendant sought to suppress could be highly prejudicial if presented at trial, it makes strategic sense to appeal the denial of the suppression motion before the trial proceedings to attempt to have the suppression ruling overturned.
Writs of Habeas Corpus
When criminal defendants have been convicted and sentenced, they may file a writ of habeas corpus as a final option. This writ asserts that the defendant is wrongfully detained, as their constitutional rights have been violated, leading to their incarceration. Compared to direct appeals, writs of habeas corpus offer certain advantages.
One benefit is that there is no set deadline for filing a habeas petition. However, courts may view petitions unfavorably if they were not filed in a timely manner. Additionally, suppose a Texas state criminal prosecution is involved. In that case, a writ of habeas corpus can be brought to federal court, where the defendant may receive a more sympathetic hearing on their constitutional challenges.
Writs of habeas corpus typically raise legal issues such as violations of the Fourth, Fifth, or Sixth Amendment rights and claims of ineffective assistance of counsel. They generally do not challenge the factual basis of the jury's conviction.
Typically, defendants only file a writ of habeas corpus as a last resort after exhausting all direct appeals at every level of the state appellate court process.