Most defendants in a criminal case, especially with misdemeanor DWI charges, put very little thought into what post-conviction remedies might be available in the event they are not acquitted following a trial. Although you typically trust the final decision of the judge/jury, there are many instances when they simply may have made the absolute wrong decision, that is totally contrary to the facts of the case. If the verdict clearly does not support the weight of the evidence (or lack thereof), you may have remedies by appealing your DWI case to a higher court. It is also possible that the judge in your case made an impoper ruling, especially regarding either letting in (or not allowing) certain evidence to be admitted at trial for the jury to consider. To read more about the appeal process in Texas, please click HERE.
If you feel for whatever reason that you are the victim of a wrongful conviction, you need to take the proper steps to preserve your right of appeal. If this is the option you want to pursue, it is wise to hire an attorney with a strong background in the criminal appellate process in Texas - especially related to the relevant case law pertaining to DWI rulings in Texas. The rules and regulations governing time limits are incredibly strict for when you can properly file a timely appeal that will be considered for appellate review. Simply put, the criminal appellate process is much too complicated to do on your own. The process itself lends itself to being very tedious to those who have never experienced it before. Deadlines are strictly enforced, and the way appellate courts operate is much different than how any state court operates.
Texas Appeals Process
Whether you feel conviction was just or unjust, you still have the absolute right to appeal the case to a higher court if you feel there was some form of error which prevented the decided party (judge or jury) from coming to a fair and just verdict. If you are convicted for a criminal offense, and you know you will want to appeal it, you will want to file "Notice of Appeal" with the clerk's office where your case was tried within 30 days of the verdict. You can also file a "Motion for a New Trial" if you feel something was conducted in a manner that is not warranted by law. To read more about the Appeals process in Texas, please click here.
It bears repeating that if you were convicted of a criminal offense in a court of law in the State of Texas, either by judge or by jury, and assuming you did not waive your right to appeal the decision through a post-conviction plea bargain, then you 100% have the opportunity to appeal the verdict. If you contact The Law Offices of Carl David Ceder we will work to help get your appeals process started as quickly as possible. Especially in light of all the wrongful convictions over the years of individuals exonerated through DNA testing, the thought of a false conviction can be a very scary notion to comprehend. If you find yourself wanting to appeal a criminal verdict in Texas, please contact our office now at 214.702.CARL(2275) or at 469.2000.DWI(394).