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Austin Criminal Appeals Attorneys
A criminal conviction is not always the final word — an experienced Austin Criminal Appeals Lawyer can help you fight for a second chance. Protect your rights today. Contact Us or call (512) 375-3303 to schedule a consultation.
A criminal conviction in Austin can feel overwhelming. But you have the right to challenge the outcome through the criminal appeals process. An appeal lets a higher court review your case for legal or procedural errors that may have affected the verdict or sentence.
An appeal does not involve a new trial or new evidence. It gives you a critical opportunity to seek justice and protect your future. At CMK Defense, PLLC, we handle every stage of the process — from filing the Notice of Appeal to preparing persuasive briefs and presenting arguments before the court.
Our team reviews trial records, identifies legal errors, and builds strong appellate arguments to pursue the best possible outcome. You focus on moving forward. We handle the rest.
What is the Criminal Appeals Process in Austin?
When you file a criminal appeal in Austin, you are not requesting a new trial or new evidence. You are asking a higher court to review your original case and determine whether legal or procedural mistakes affected the outcome. The process focuses on the existing record — transcripts, motions, rulings, and exhibits. If the appellate court finds a significant error, it may overturn your conviction, order a new trial, or modify the original judgment.
Starting the Appeals Process: The Notice of Appeal
The first step is filing a Notice of Appeal. You must act quickly — typically within 30 days of the trial court’s final judgment. Filing this document officially starts the appellate process and notifies the court that you intend to challenge the ruling.
After filing, the trial court compiles the full record of your case. This includes all documents, filings, and court transcripts. The court then sends that record to the appellate court so the judges can review everything they need.
Creating the Appellate Briefs
Once the appellate court receives the record, the briefing process begins. Your attorney prepares the appellant’s brief — a written document explaining exactly where legal errors occurred during trial. This is your opportunity to argue why the court should reverse or modify your conviction.
The State then files the appellee’s brief in defense of the original conviction. You may also file a reply brief to counter the State’s arguments. Judges rely heavily on these briefs to understand the issues. They form the foundation of the appellate court’s review.
Oral Argument and Judicial Review
In some cases, the appellate court schedules oral arguments. Both sides answer questions from the judges about the issues raised in their briefs. Not every appeal includes oral argument — courts sometimes decide based solely on written submissions.
After completing their review, the judges issue a written opinion. That opinion explains their decision and states whether the conviction stands, must change, or requires further proceedings.
What Happens After the Decision
If the appellate court rules against you, you can still pursue further review. You may petition the Court of Criminal Appeals — the highest criminal court in Texas — to consider your case. If the court accepts it, the process continues at a higher level. If it declines, the appellate ruling becomes final and your options narrow to extraordinary remedies.
How Can CMK Defense Handle Your Criminal Appeal?
The first step in any criminal appeal is filing the Notice of Appeal. Our attorneys at CMK Defense, PLLC file this document correctly and on time. Missing the deadline can forfeit your right to appeal entirely. After filing, our team works to ensure the trial court compiles a complete record — including transcripts, evidence, and all motions and rulings from your original trial.
Drafting Your Appellate Briefs
Once the appellate court receives the record, we prepare your appellant’s brief. This document lays out the legal errors that occurred during your trial and argues why the court should reverse or modify your conviction. We draft these briefs with precision, applying our deep knowledge of Texas criminal law to present your case clearly and effectively.
After the State files its appellee’s brief, we can prepare a targeted reply brief to address their arguments. Every document we submit reflects careful legal analysis and a commitment to your defense.
Oral Arguments and Court Representation
If the court schedules oral arguments, our attorneys represent you at the hearing. We answer the judges’ questions directly and emphasize the strongest points of your case. If oral arguments are not scheduled, our written briefs ensure your position receives full consideration.
After the Decision: Next Steps
Once the appellate court issues its opinion, we review the decision with you. We explain what it means and outline your remaining options. If the court rules in your favor, we make sure the judgment is properly implemented. If the ruling goes against you, we advise on whether to seek review from the Court of Criminal Appeals.
From the initial Notice of Appeal to the final decision, our attorneys manage every step. We know the deadlines, the arguments that carry weight, and the procedures that protect your rights. You can focus on your life while we work to achieve the best possible outcome.
Contact Our Experienced Austin Criminal Appeals Attorneys Today
At CMK Defense, PLLC, we represent you throughout your appeal and work to achieve the most favorable result possible. For a case evaluation with a knowledgeable Austin criminal appeals lawyer, call our office at (512) 375-3303 or contact us online today.
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