Criminal Appeals

Appeals typically occur for one or more of the following reasons:

1. The State did not play by the rules

2. The Judge ruled against you, harming your case 

3. Your Constitutional rights were violated

4. The Jury got it wrong – you are innocent!

How to appeal a criminal conviction:

In order to appeal, an appeals lawyer must file a Notice of Appeal.  This notice must be filed within 30 days of sentencing, or 90 days if a Motion for New Trial was filed.  This may seem like a long time, but it can fly by.  It is important to file a Motion for New Trial immediately after conviction because it allows more time to develop the appeal.  

After filing a Notice of Appeal, your attorney will file motions and requests with both the trial court and the Court of Appeals.  Once the reporter’s record (transcript of the trial) and the clerk’s record (all of the documents from your case) have been obtained, your attorney will prepare and file the argument with the court.  In some cases, your attorney will appear in front of the Court of Appeals or Court of Criminal Appeals to make an in-person argument.  

The appellate process is very complicated and time-consuming.  It is important to hire an attorney who understands the process inside and out.  Colin McLaughlin has extensive experience in criminal appeals.  He worked at the Texas Court of Criminal Appeals (the highest court in Texas for criminal cases).  He also worked in the Appellate Division of the Tarrant County District Attorney’s Office.  As a Board Certified criminal law specialist, Colin is a defense attorney in Fort Worth who knows your rights and will fight to protect them against the State.