Should You Hire a Criminal Appeals Lawyer After a Conviction? What to Know About the Appeals Process

By James Whalen | Board Certified in Criminal Law & Criminal Appellate Law | Whalen Law Office | Last reviewed: July 27, 2026

Key Takeaways

• An appeal is not a second trial; it is a review of the existing record for legal error, with no new evidence or witnesses.
• Texas deadline: notice of appeal generally due 30 days after sentencing (90 days if a motion for new trial is filed).
• Federal deadline: notice of appeal generally due just 14 days after entry of judgment. Miss it and the direct appeal can be lost.
• Common grounds include constitutional violations, evidentiary errors, prosecutorial misconduct, bad jury instructions, sentencing errors, and ineffective assistance (Strickland).
• Claims needing new evidence, or proof outside the record, usually go through habeas corpus (Art. 11.07 state / § 2255 federal), not a direct appeal.
• A successful appeal often means a new trial or resentencing, not automatic freedom, which is why an honest record review matters.

Schedule A Consultation

A Conviction Is Not Always the End. Many people believe a guilty verdict or sentence marks the end of a criminal case. It does not. Both Texas and federal law provide a path to seek review of legal errors through the appellate process. An appeal is not a second trial and not another chance to present witnesses; it asks a higher court to decide whether the law was correctly applied during the original proceedings. Hiring a lawyer experienced in criminal appeals early can identify potential appellate issues and ensure the strict deadlines are met.

This article explains what a criminal appeal is, how it differs from a trial, the deadlines that govern Texas and federal appeals, the common grounds for relief, and what a successful appeal can and cannot accomplish. James Whalen, Board Certified in both Criminal Law and Criminal Appellate Law, handles appeals and post-conviction matters at Whalen Law Office, serving clients from Frisco, Sherman, and Tyler

What Is a Criminal Appeal?

A criminal appeal is a request that a higher court review a conviction or sentence for legal error. Appellate courts focus on legal issues preserved in the trial record, not on whether the defendant is factually innocent. They review transcripts, motions, exhibits, jury instructions, and the trial court’s rulings, and decide whether any error was harmful enough to justify relief.

Unlike a trial, which determines the facts, an appeal examines the process. The appellate court does not re-weigh the evidence or decide whether it would have reached a different verdict. It asks a narrower, legal question: did the trial court correctly apply the law, and if not, was the error serious enough to require reversal or other relief? Because the review is confined to the record already created, an individualized analysis of that record (the preserved objections, the applicable statutes, and the controlling case law) is essential to determining whether viable appellate issues exist.

How Is a Criminal Appeal Different From a Trial?

At trial, attorneys present evidence, question witnesses, and argue to a jury that decides guilt. On appeal, lawyers analyze the written record, research legal authority, write detailed briefs, and may present oral argument to appellate judges. The emphasis is on legal analysis, not factual disputes, which is why appellate practice is a distinct discipline with its own board certification.

The two roles call for different skills. A trial lawyer builds a factual case in real time before a jury. An appellate lawyer works from the cold record, identifying where the law was misapplied and constructing a written legal argument supported by statutes and precedent. This is why Texas recognizes Criminal Appellate Law as a separate board-certification specialty from criminal trial law; the analytical and writing demands of appellate work are genuinely distinct. Retaining a lawyer who focuses on appeals, rather than assuming trial counsel will simply continue, is often the stronger approach.

How Long Do You Have to File a Criminal Appeal in Texas?

In Texas, the notice of appeal is generally due within 30 days after sentencing, extended to 90 days if a motion for new trial is timely filed. Federal criminal appeals have a much shorter deadline: generally 14 days after entry of judgment. These deadlines are strictly enforced; missing them can permanently forfeit the right to a direct appeal.

The deadlines are the single most urgent reason to act quickly after a conviction. Under the Texas Rules of Appellate Procedure, the notice of appeal must generally be filed within 30 days of the day sentence is imposed in open court. Filing a timely motion for new trial (itself due within 30 days of sentencing and required to be presented to the trial court within 10 days of filing) extends the notice-of-appeal deadline to 90 days. In federal court, the window is far shorter: generally just 14 days after entry of the judgment under the Federal Rules of Appellate Procedure. These are hard, jurisdictional deadlines: miss the window, even by a day, and the appellate court generally cannot hear the direct appeal at all, absent narrow exceptions. That is why the clock, not the merits, often dictates how fast an appeals lawyer must be brought in.

What Are the Common Grounds for a Criminal Appeal?

An appeal must rest on a legal error, not mere disagreement with the verdict. Common grounds include constitutional violations, improper admission or exclusion of evidence, prosecutorial misconduct, judicial error, incorrect jury instructions, sentencing errors, and ineffective assistance of counsel. Most issues must have been preserved by a timely objection at trial to be raised on direct appeal.

The specific grounds that can support a criminal appeal include:

• Constitutional violations, such as an unlawful search and seizure or denial of the right to confront witnesses.
• Improper admission or exclusion of evidence under the rules of evidence.
• Prosecutorial misconduct, including improper argument or suppression of exculpatory evidence under Brady v. Maryland.
• Judicial error in the trial court’s rulings.
• Incorrect or improper jury instructions.
• Sentencing errors, such as an illegal sentence or an improper enhancement.
• Ineffective assistance of counsel, evaluated under Strickland v. Washington, requiring both deficient performance and resulting prejudice.

A critical limitation runs through most of these: with narrow exceptions, an issue generally must have been preserved at trial through a timely objection or motion in order to be raised on direct appeal. Errors that were not preserved may be forfeited or may have to be pursued through a separate post-conviction proceeding. Sorting out which errors were preserved, and which are serious enough to justify relief, is the heart of appellate analysis.

Can New Evidence Be Introduced on Appeal?

Generally, no. A direct appeal is decided entirely on the existing trial record, with no new witnesses, documents, or evidence. Claims that depend on evidence outside the record, such as newly discovered evidence or certain ineffective-assistance claims, are usually pursued through a separate post-conviction procedure like a writ of habeas corpus rather than a direct appeal.

This is one of the most misunderstood aspects of the appellate process. Because an appeal reviews the trial court for legal error, it is confined to what is already in the record. Evidence that was never presented at trial (a new witness, a recantation, newly discovered proof of innocence, or facts showing what trial counsel did behind the scenes) generally cannot be considered on direct appeal. Those claims belong in a post-conviction proceeding, most commonly a writ of habeas corpus (under Texas Code of Criminal Procedure Article 11.07 for state felony convictions, or 28 U.S.C. § 2255 for federal convictions). Knowing whether an issue belongs in a direct appeal or a habeas proceeding is a threshold judgment an experienced appellate lawyer makes early, and getting it wrong can mean a claim is never heard.

What Happens If a Criminal Appeal Is Successful?

Depending on the error, an appellate court may reverse the conviction, order a new trial, remand for further proceedings, modify the judgment or sentence, or, where evidence was legally insufficient, render an acquittal. A successful appeal often does not mean automatic freedom; frequently the case returns to the trial court for a new trial or corrected sentencing.

The relief an appellate court grants is tailored to the error it finds. Some outcomes end the case; many send it back. Possible results include reversing the conviction, ordering a new trial, remanding for further proceedings consistent with the court’s ruling, modifying the judgment or correcting an illegal sentence, or rendering a judgment of acquittal where the evidence was legally insufficient. It is important to have realistic expectations: appellate courts affirm convictions when they find no reversible error or when an error is judged harmless, and not every appeal succeeds. That reality is exactly why a candid, experienced evaluation of the record before significant time and resources are committed is so valuable.

Federal vs. Texas Criminal Appeals: What’s the Difference?

Both ask a higher court to review for legal error, but they differ in deadlines, courts, and rules. Texas allows 30 days (90 with a motion for new trial); federal allows just 14. Texas appeals go to a state court of appeals, then the Court of Criminal Appeals; federal appeals from Texas go to the Fifth Circuit, then the U.S. Supreme Court.

Because the systems are distinct, working with an appellate lawyer familiar with the specific court and its rules, deadlines, and standards of review is important to a well-prepared appeal.

When Should You Hire a Criminal Appeals Lawyer?

As soon as possible after a conviction or sentencing. The filing deadlines are short and strictly enforced, valuable appellate issues require prompt review of the record, and early involvement lets appellate counsel coordinate with trial counsel and preserve every option, including post-conviction avenues if a direct appeal is not the right fit.

Waiting is the single biggest risk. Because the notice-of-appeal window can be as short as 14 days in federal court and 30 days in Texas, and because a thorough record review takes time, the sooner an appellate lawyer is engaged, the more can be done: from meeting deadlines and preserving the right to appointed counsel where applicable, to identifying the strongest issues and deciding between a direct appeal and a post-conviction proceeding. Early involvement also allows appellate counsel to coordinate with trial counsel while the case is fresh. If you are even considering an appeal, an early consultation is the surest way to protect your rights.

Common Misconceptions About Criminal Appeals

• “Every conviction can be overturned.” Appellate courts reverse only for genuine, preserved, harmful legal error, not for disagreement with the verdict.
• “An appeal is just a repeat of the trial.” It is a review of the written record for legal error, with no new evidence or witnesses.
• “The appellate court decides guilt or innocence again.” It asks only whether the law was correctly applied, not whether it would have reached a different verdict.
• “I can add new evidence on appeal.” New evidence generally must go through a separate post-conviction proceeding such as habeas corpus.
• “Winning an appeal means I go free.” Often it means a new trial or resentencing, where the State may proceed again.

Board-Certified Criminal Appellate Representation in Frisco, Sherman, and Tyler

Appeals are highly technical proceedings that turn on detailed analysis of the trial record and controlling law, and on meeting deadlines that leave no room for delay. Whalen Law Office represents individuals in criminal appeals and post-conviction relief in Texas state and federal courts, from offices in Frisco, Sherman, and Tyler. James Whalen is Board Certified in both Criminal Law and Criminal Appellate Law by the Texas Board of Legal Specialization, a credential held by relatively few Texas attorneys and directly relevant to the specialized work an appeal requires.

The firm reviews the record promptly to identify viable, preserved errors, meets the strict state and federal deadlines, prepares persuasive briefs, presents oral argument, and advises on post-conviction options such as habeas corpus when a direct appeal is not the right vehicle. Because the appellate clock starts running the moment sentence is pronounced, an early and honest evaluation of whether meaningful grounds exist is the most important first step.

Frequently Asked Questions: Criminal Appeals in Texas

Should you hire a criminal appeals lawyer after a conviction?

If you believe legal errors affected your trial or sentence, you should consult a criminal appeals lawyer as soon as possible after a conviction. There are two reasons the timing is critical. First, the deadlines are strict and short: in Texas, the notice of appeal generally must be filed within 30 days of sentencing, and in federal court within just 14 days of the entry of judgment; miss the window and the right to a direct appeal can be lost permanently. Second, appellate work is a distinct discipline from trial work. An appeals lawyer analyzes the written trial record, researches controlling statutes and case law, and identifies preserved legal errors that are serious enough to justify relief, a very different skill set from presenting evidence to a jury. Because appellate courts decide cases on the existing record and on legal error rather than factual guilt or innocence, an experienced appellate attorney is best positioned to evaluate whether viable grounds exist. Even where a direct appeal is not available, an appeals lawyer can advise on other post-conviction options such as habeas corpus.

How is a criminal appeal different from a trial?

A criminal appeal is fundamentally different from a trial in purpose, procedure, and the skills it requires. A trial determines the facts: attorneys present evidence, question witnesses, and argue to a jury that decides guilt or innocence. An appeal does none of that. It is a request that a higher court review the trial for legal errors, based entirely on the written record already created: transcripts, motions, exhibits, jury instructions, and the trial court’s rulings. No new witnesses testify, no new evidence is introduced, and the appellate court does not decide whether it would have reached a different verdict. Instead, appellate judges ask a narrower question: was the law correctly applied, and if not, was the error harmful enough to require relief? The work is correspondingly different. Rather than examining witnesses, an appeals lawyer analyzes the record, researches controlling statutes and case law, writes detailed legal briefs, and may present oral argument to a panel of appellate judges. This is why appellate practice is treated as its own specialty, and why board certification in criminal appellate law is a distinct credential from criminal trial certification.

How long do you have to file a criminal appeal in Texas?

In Texas, the notice of appeal in a criminal case generally must be filed within 30 days after the date sentence is imposed or suspended in open court, under the Texas Rules of Appellate Procedure. That deadline extends to 90 days if a motion for new trial is timely filed, and the motion for new trial itself must be filed within 30 days of sentencing and presented to the trial court within 10 days of filing. These deadlines are jurisdictional and strictly enforced: missing the window, even by a single day, can permanently forfeit the right to a direct appeal, and appellate courts generally lack authority to hear an untimely appeal absent narrow exceptions. Federal criminal appeals have a much shorter deadline: the notice of appeal is generally due within 14 days after entry of the judgment under the Federal Rules of Appellate Procedure, which makes prompt action even more urgent in federal cases. Because the clock starts running immediately at sentencing and the windows are short, anyone considering an appeal should consult an appellate lawyer right away rather than waiting.

What are the common grounds for a criminal appeal?

A criminal appeal must be based on a legal error in the trial court, not simply on disagreement with the verdict. Common grounds include: constitutional violations, such as an unlawful search and seizure or a violation of the right to confront witnesses; improper admission or exclusion of evidence under the rules of evidence; prosecutorial misconduct, such as improper argument or the suppression of exculpatory evidence in violation of Brady v. Maryland; judicial error in the trial court’s rulings; incorrect or improper jury instructions; sentencing errors, such as an illegal sentence or improper enhancement; and ineffective assistance of counsel, evaluated under the standard set in Strickland v. Washington, which requires showing both deficient performance and resulting prejudice. A crucial limitation applies to most of these: with limited exceptions, an issue generally must have been preserved at trial through a timely objection or motion to be raised on direct appeal. Errors that were not preserved may be forfeited, or may have to be pursued through a separate post-conviction proceeding. Identifying which errors were preserved, and which are serious enough to warrant relief, is the core of appellate analysis.

Can new evidence be introduced on a criminal appeal?

Generally, no. A direct criminal appeal is decided entirely on the existing trial record: the transcripts, exhibits, motions, and rulings already created in the trial court. Appellate courts do not hear new witnesses, accept new documents, or consider evidence that was not part of the trial. This is one of the most important and most misunderstood features of the appellate process: an appeal is a review for legal error, not a second chance to present the case. Claims that depend on evidence outside the record, such as newly discovered evidence of innocence, or an ineffective-assistance claim that requires proving what the trial attorney did or failed to do behind the scenes, usually cannot be resolved on direct appeal. Those claims are instead pursued through a separate post-conviction procedure, most commonly a writ of habeas corpus (under Texas Code of Criminal Procedure Article 11.07 for state felony convictions, or 28 U.S.C. § 2255 for federal convictions). An experienced appellate lawyer can determine whether an issue belongs in a direct appeal or in a post-conviction proceeding, a distinction that can determine whether a claim is heard at all.

What happens if a criminal appeal is successful?

The outcome of a successful criminal appeal depends on the nature of the error the appellate court identifies. Possible results include: reversing the conviction outright; ordering a new trial, when the error affected the fairness of the proceeding but does not entitle the defendant to acquittal; remanding the case to the trial court for further proceedings consistent with the appellate court’s ruling; modifying the judgment or sentence, for example correcting an illegal sentence; or, in some cases, rendering a judgment of acquittal where the evidence was legally insufficient. Importantly, a successful appeal does not always mean the defendant goes free; more often it means the case returns to the trial court for a new trial or corrected sentencing, where the State may proceed again. It is also worth understanding that many appeals are not successful: appellate courts affirm the conviction when they find no reversible error, or when an error is deemed harmless. That is precisely why a careful, honest evaluation of the record by an experienced appellate lawyer matters; it identifies whether there are genuinely viable issues before time and resources are invested.

What is the difference between a federal and a Texas criminal appeal?

Federal and Texas criminal appeals share the same basic purpose (asking a higher court to review the trial for legal error) but they operate under different rules, courts, and timelines, and the differences matter. The deadline is the starkest contrast: a Texas notice of appeal is generally due within 30 days of sentencing (90 days with a motion for new trial), while a federal notice of appeal is generally due within just 14 days of the entry of judgment. The courts differ as well. A Texas criminal appeal typically goes first to one of the state’s intermediate courts of appeals, with further review available from the Texas Court of Criminal Appeals through a petition for discretionary review. A federal criminal appeal from a Texas district court goes to the U.S. Court of Appeals for the Fifth Circuit, with further review available only by petition for writ of certiorari to the U.S. Supreme Court. The governing procedural rules, briefing requirements, and standards of review also differ between the two systems. Because these systems are distinct, it is important to work with an appellate lawyer familiar with the specific court (state or federal) in which the appeal will be heard.

How can James Whalen and Whalen Law Office help with a criminal appeal in Texas?

Whalen Law Office represents individuals pursuing criminal appeals and post-conviction relief in Texas state and federal courts, from the firm’s offices in Frisco, Sherman, and Tyler. James Whalen is Board Certified in Criminal Law and in Criminal Appellate Law by the Texas Board of Legal Specialization, a distinction held by relatively few attorneys and directly relevant to appellate work, which is a specialized discipline separate from trial practice. The firm handles the full appellate process: reviewing the trial record promptly to identify preserved and viable legal errors, meeting the strict filing deadlines that govern state and federal appeals, preparing thorough and persuasive appellate briefs, presenting oral argument, and advising on post-conviction options such as habeas corpus when a direct appeal is not the right vehicle. Because appellate deadlines are short and unforgiving (as little as 14 days in federal court), an early, candid evaluation of whether meaningful grounds for appeal exist is one of the most valuable things the firm provides. If you or a loved one is considering an appeal after a conviction, contacting an experienced appellate attorney quickly protects both your deadlines and your options.

Considering an Appeal? Contact Whalen Law Office Today.

A conviction does not have to be the final word, but the window to act is short, and in federal court it can be as little as 14 days. The sooner the record is reviewed, the sooner you know whether genuine grounds for appeal exist and the better your deadlines are protected. Whalen Law Office represents clients in state and federal criminal appeals from Frisco, Sherman, and Tyler. If you or a loved one is considering an appeal after a conviction, contact our office right away to discuss your case.

Contact Whalen Law Office today

About the Author

James Whalen is the founding attorney of Whalen Law Office and is Board Certified in both Criminal Law and Criminal Appellate Law by the Texas Board of Legal Specialization. He represents clients in criminal defense, criminal appeals, and post-conviction matters in Texas state and federal courts, from the firm’s offices in Frisco, Sherman, and Tyler.