CRIMINAL APPEALS

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At The Law Office of Munoz & Paltz, we understand how terrifying it may be if your loved one has been convicted a crime and sentenced.  However, hope may not be lost, you may still be able to file a criminal appeal, which could result in their conviction being overturned. Call us today for a free consultation to discuss your or your loved one's case and the procedures used to file a direct appeal after a conviction.  You must act fast to preserve your rights, a notice of appeal must be filed within 30 days of the sentencing being imposed.   

APPEALS AFTER PLEA BARGAINS IN TEXAS: 

While it is possible to file an appeal after a person enters a guilty or no contest plea pursuant to a plea bargain, it is limited to the following causes of action: 

• issues that were raised in a pretrial motion and ruled upon before the entry of the plea; or 
• issues that the trial court grants permission to challenge on appeal 

MOTIONS FOR NEW TRIAL: 

Governed by Texas Rule of Appellate Procedure 21, a motion for new trial must be filed within 30 days from the day you were formally sentenced, and presented to the court at a hearing within 10 days of being filed.  

The purpose of a motion for new trial is the defendant's way of telling the court that the jury or the court did something wrong and therefore the defendant deserves a new trial.  The trial court may grant a motion for new trial on several grounds, which could include:

• The accused was not afforded a right to counsel
• The verdict was decided improperly by the jury 
• The Jury has engaged in such misconduct that the defendant did not receive a fair and impartial trial
• A material witness was prevented from attending trial due to threats, force or fraud
• Evidence showing the defendant’s innocence was withheld or intentionally destroyed
• New evidence for the defendant has been discovered since trial
• After retiring to deliberate, the jury received new evidence not presented at trial
• A juror talked to someone about the case
• A juror was intoxicated
• The verdict is contrary to the law and evidence