When someone hears the word appeal, they often picture a second chance at trial—more witnesses, new evidence, and a chance to tell their side of the story again. But this isn’t how criminal appeals work in Texas.
Let’s clear up some of the most common myths about appeals, with a little help from an experienced Texas appeals lawyer.
Myth 1: An Appeal is a New Trial
This is one of the biggest misunderstandings.
Truth: An appeal is not a do-over of your trial. You don’t get to present new witnesses, call a new jury, or tell your side of the story again. Instead, an appeal is about reviewing what happened in your original trial.
For example, if the trial judge made a mistake, like allowing the jury to hear evidence they shouldn’t have, your lawyer can argue that this mistake hurt your case. But you don’t get to introduce new facts or argue the case from scratch.
Myth 2: You Can Submit New Evidence in an Appeal
Many people think they can gather new evidence and submit it during an appeal.
Truth: The appeals court will not look at new evidence. They only review the trial record—the evidence and arguments already presented in court.
If you’ve found new evidence that wasn’t available during your trial, that may require a different legal process, like a motion for a new trial or a post-conviction relief claim. Your Texas criminal appeals lawyer can guide you through these options, but an appeal itself won’t reopen the evidence.
Myth 3: Every Conviction Can Be Appealed
While most convictions have the right to an appeal, not every appeal will move forward successfully.
Truth: You must have a valid legal reason to appeal. This means you need to show that something legally wrong happened during your trial—like a judge’s mistake, a violation of your rights, or your lawyer’s failure to represent you properly.
If there were no legal errors, the court may not accept your appeal, no matter how unfair the outcome feels.
Myth 4: Appeals Are Quick and Easy
It’s natural to want a fast resolution, especially after a difficult trial. But the appeals process takes time.
Truth: Appeals often take months or even years to resolve. The process involves reading through transcripts, writing legal briefs, and waiting for the court to review the case.
For example, in Texas, the appellate court may take several months just to issue a decision after arguments are presented. It’s a slow process, but it’s how the legal system carefully reviews cases.
Myth 5: Any Lawyer Can Handle an Appeal
Many people think they can hire any lawyer for an appeal.
Truth: Appeals are a specialized area of law. They involve different skills from trial work. An appeals lawyer knows how to spot legal errors, write strong legal briefs, and argue before a panel of judges.
For example, a lawyer who did a great job arguing in front of a jury may not have the same skills for an appeal, where everything depends on written arguments and legal reasoning.
Final Thoughts: Why You Need a Texas Appeals Lawyer
If you’re thinking about appealing a criminal conviction in Texas, it’s important to understand what an appeal can and can’t do.
- An appeal looks for legal mistakes that affected your trial’s outcome.
- It won’t give you a new trial or let you submit new evidence.
- It’s a slow process that requires a skilled appeals lawyer who understands how the system works.
Don’t let myths and misunderstandings lead you astray. If you or a loved one has been convicted of a crime, speak to an appeals law firm in Texas as soon as possible. They can review your case, explain your options, and help you decide on the next best step.
Your future is worth fighting for—but you need the right strategy and the right lawyer by your side.
Read more: beforeitbusiness.com
Emily Williams