If you have been convicted of a crime in Texas, you have the right to file an appeal. If your appeal is successful, you could have your conviction overturned. If there is any possibility of getting a second chance on your case, you should take it. Before you start your appeal, it is essential to understand your options and how much time you have to file an appeal.
The Time Limit for Filing an Appeal in Texas
Appeals deal directly with challenging the trial court judge’s ruling, so they require immediate action. If you were convicted of a crime in a Texas state court, you must notify the courts of your intention to appeal within 30 days of being convicted. Your appeal can be completed after 30 days, but you must inform the courts that you plan to appeal officially. There is an exception to this general timeline. If your attorney files a motion for a new trial within 30 days of the judgment against you, you will have 90 days to notify the courts that you intend to appeal.
If you are convicted in a federal court, you have an even shorter timeframe in which you must appeal. You will have only 14 days to notify the courts that you plan to appeal the judgment against you. If you miss these deadlines, you will lose your right to appeal your case. However, you can still pursue a writ of habeas corpus.
The Time Limit for Pursuing a Writ of Habeas Corpus
If you are convicted in state court, there is no official time limit regarding when you must file your writ of habeas corpus. There is an exception, however. If you want to preserve your right to have a federal court review a state court’s alleged denial of your writ, you have one year to file your state writ application. The timeline starts after your direct appeal. If the state of Texas denies you, you can try again by filing in federal court, but only if you have filed a state writ within one year of the conclusion of your direct appeal.
Pursuing a Writ of Habeas Corpus After a Conviction in Federal Court
If you were convicted in federal court, you have one year from the date your direct appeal has concluded to file a writ. If you decline to pursue an appeal, you have one year and 14 days from the date of your conviction to file your writ.
Discuss Your Case with a Skilled Criminal Defense Attorney
These rules can be confusing, so it is essential that you work with an experienced post-conviction criminal defense attorney who can help you ensure you do not miss any deadlines.If you or your loved one need assistance filing an appeal or a writ after being convicted of a crime in Texas, Abel Law Firm is here to help. He has a proven track record of helping countless clients fight their wrongful convictions. Contact Abel Law Firm today to schedule your free case evaluation and learn more about protecting your rights.