Felonies are the most serious of criminal offenses in Texas. Felonies are punishable with state prison or state jail and long probation sentences that frequently extend to over a decade. In addition to high fees and fines, serving jail time and a criminal record can negatively impact a person’s life for years.
Direct Appeal
The first option available to those convicted of a felony is to file a direct appeal. You must file a notice of appeal within 30 days of the final judgment or denial of your Motion for New Trial. It is imperative that you do not miss this deadline. After you file your appeal, it will be assigned to one of Texas’s 14 appellate courts. A three-judge panel will review your attorney’s briefs. Appeals are time-consuming and difficult, and your arguments will be limited, but courts have and do reverse convictions on appeal in some cases.
Motion for Rehearing
If you lose your direct appeal, you have a few different options. You can file a Motion for Rehearing. You must file your motion within 15 days of the Appellate Court issuing its opinion on your case. When the appeals court mistakes the law or ignores important case law, filing a Motion for Rehearing can be an important step.
Petition for Discretionary Review
Defendants can file a Petition for Discretionary Review with the Court of Criminal Appeals, the highest Texas court that hears criminal cases. The Court of Criminal Appeals has the discretion to accept or reject the petition. Defendants must file a Petition for Discretionary Review within 30 days from the date that the appellate court issues their final judgment or the appeals court denies the Motion for Rehearing.
Can I Get This Felony Charge Off of My Criminal Record?
The only way to get a felony conviction off of your criminal record is to file for an expunction. And expunction results in the complete destruction of all records related to the crime in question. After an expansion, a person is allowed to deny that they were ever arrested or charged with a crime. However, not everyone is eligible to file for an extension. The felony must have been dismissed or no-billed by a grand jury. There also needs to be a waiting period equal to the statute of limitation for the crime. An experienced attorney can help you understand whether you are eligible to pursue an expunction or not.
Contact a Dallas/Ft. Worth Criminal Appeals Attorney Today
If you have been convicted of a felony in Texas, you may be feeling like you are all out of options. It is important that you discuss your case with an experienced appellate attorney as soon as possible after your conviction. One of the skilled appellate attorneys at The Abel Law Firm Can help you understand your rights and the steps that you may be able to take next. Contact The Abel Law Firm today to schedule your initial consultation.