Legal Question in Appeals and Writs in Texas

Hello there, I have a question concerning my right to file for a new trial. Can I do this myself without hiring a lawyer? This is prompted by the wrongful judgement of "guilty" to a DWI case that has spanned 3 ridiculous years and only now been decided on Sept. 15th. I would love to do so. I am in Dallas Texas, in Judge Hoffman's court. I have no prior record or involvement with the law what so ever. Please let me know what my options are, as I am in the process of trying to accumulate the funds needed to actualy pay for an appeal which I know I would need next, as the judge in this case is highly biased and acted neglegently in my case.

Many thanks,

Wrongfully Accused


Asked on 9/19/11, 3:22 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

A motion for new trial must be filed within 30 days of the finding of guilt - which includes after a guilty plea. You can file it pro se. It must be "presented" to the trial judge within 10 days after filing, and then it must be ruled on by the judge within 75 day (I think) or it is overruled by operation of law.

An appeal after a guilty plea is a waste of money unless there is some specific issue which has been preserved (such as some evidentiary or search issue.) If it is just a guilty plea without any issues raised and preserved by motion and hearing before trial, then you have signed a waiver of appeal when entering the plea and the court of appeals will not entertain an appeal. (And, it would be fruitless anyway as long as you were sentenced within the range of punishment.)

You need to consult with a habeas lawyer.

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Answered on 9/19/11, 6:59 pm


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