Legal Question in Criminal Law in Texas

how do i go about filing an appeal for a misdemeanor conviction in the state of texas. And if I was represented by a court appointed attorney does the state have to provide me with an attorney for my appeal?


Asked on 5/15/11, 2:11 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Did you plead guilty with a plea bargain or without a plea bargain, or were you found guilty after a trial? I assume that the case was a Class B or Class A misdemeanor. If you pled guilty with a plea bargain then you have no right to appeal and no lawyer will be appointed to represent you. In fact, you waived your right to appeal in the papers that you signed.

If you went to trial and were found guilty, then they should have spoken with you about your right to appeal. Your trial lawyer is your lawyer until s/he is released. Contact the lawyer about your appeal. (Notice must be given within 30 days.)

If you pled guilty without an agreed recommendation on punishment, you may or may not have waived your right to appeal (but probably not.) You have the right to appeal but the appeal is limited to determining if the sentence is within the proper range of punishment. If it is, then there will be no win on appeal. You would be entitled to a court appointed lawyer for this purpose, too, and you should contact your trial lawyer.

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Answered on 5/15/11, 3:31 pm


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