What to Do in the First 30 Days After a Criminal Conviction in Texas
The 30 days after sentencing are the most important window in a Texas criminal appeal, and the window is closing from the moment the judge pronounces sentence in court. If you or someone you care about has just been convicted, what happens in the next few weeks determines whether an appeal is even possible.
File a Notice of Appeal
Under Texas Rule of Appellate Procedure 26.2, the notice of appeal must be filed within 30 days of the day the trial court imposes or suspends sentence in open court. This deadline is jurisdictional. If the notice is not filed on time, the appellate court has no authority to hear the case. There are almost no exceptions.
The notice of appeal is a simple document. Filing it does not commit the defendant to any particular argument; it preserves the right to appeal. If it is not filed, the right is lost.
Your trial lawyer will help you file a notice of appeal if you ask. Most trial lawyers do not handle appeals, but helping you file the notice does not commit him or her to helping you with the appeal.
If you have already been found indigent, or if you are in jail, the trial court will appoint a lawyer to represent you on appeal. You may not want that appointed lawyer to represent you through the appeal, but the appointed lawyer can order the record and make sure you don’t lose any of your rights.
File a Motion for New Trial
A motion for new trial must be filed within 30 days of sentencing under Rule 21.4. Filing the motion extends the deadline for the notice of appeal from 30 days to 90 days. But the motion for new trial does more than buy time. It is the only vehicle for raising issues that are not in the trial record: jury misconduct, newly discovered evidence, ineffective assistance of trial counsel, or anything else that requires evidence outside the four corners of the clerk’s record and reporter’s record.
A motion for new trial can include an evidentiary hearing where the defendant presents witnesses and evidence the trial court never saw. This is the defendant’s one opportunity to build a record on issues that could not have been raised during trial.
Get an Appellate Lawyer
The trial lawyer and the appellate lawyer do different jobs. The trial lawyer was in the room; the appellate lawyer reads the record. The trial lawyer advocated to twelve jurors; the appellate lawyer writes to three or nine judges. These are different skill sets, and the transition should happen as soon as possible after sentencing.
An appellate lawyer can identify whether a motion for new trial should be filed, what issues it should raise, and whether an evidentiary hearing is warranted. The appellate lawyer can also begin reviewing the trial record while it is being prepared, identifying potential issues early rather than discovering them months later.
Do Not Wait
The most common mistake after a conviction is waiting. Defendants wait to see if the trial lawyer will file something. Family members wait to raise money for an appellate lawyer. Everyone assumes there is time. There is not. Thirty days passes quickly, and once the deadline is missed, no amount of money or effort can restore the right to appeal.
If you or someone you care about has just been convicted, email us at info@bennettandbennett.com or use our contact form. Tell us the county, the offense, the date of sentencing, and whether a notice of appeal or motion for new trial has been filed.