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Misdemeanor Appeals - Texas

Fredericksburg, TX |

If you have been convicted of a misdemeanor by jury and wish to appeal and can't afford the court transcripts nor an appeals attorney what is the process of getting free transcripts and a court appointed appeals attorney ? What are the financial requirements to be able to obtain the above ? I know time is essential , sentencing is in less than two weeks , so I need to make sure I have all my " ducks in a row " Thank You

Attorney Answers 7

Posted

Visit with your Trial Counsel, he is obligated to file the Notice of Appeal or a Motion for New Trial and or Notice of Appeal, he can then withdraw with the appellate court and the appellate court will have new counsel appointed for you. (Sometimes they do that through the trial court.) You will qualify if you are indigent and cannot afford an appellate attorney. The attorney can then get orders for the preparing of the transcripts, clerk's record and appeal fees etc. Good Luck

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Posted

In order to qualify for indigency status on appeal, you need to re-qualify for court appointed attorney and transcript, etc. In the same manner as pre-trial. In most jurisdictions if you had a court appointed lawyer for your jury trial, the court will require your same attorney to assist you in filing those papers. If you had retained counsel, you should speak with him or her, even if you willnot be using their services he appeal as many courts will require retained counsel to perform these duties before discharging the lawyer. If this still does not help, contact the court administrator for guidence.

Good luck,
Martin Zimmerman

Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-7886 Fax: (830) 627-2890 The information contained in and transmitted with this e-mail is: 1) Subject to the Attorney-Client Privilege; 2) Attorney Work Product; or 3) Confidential It is intended only for the individual or entity designated above. Any distribution, copying, use of, or reliance upon the information contained in and transmitted with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify Martin Zimmerman, P.C. by telephone

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1 comment

Bart Charles Craytor

Bart Charles Craytor

Posted

Good Answer Martin!

Posted

You would need to fill out an application and apply for a court-appointed attorney to assist you with the appeal. Usually they will appoint the same attorney that represented you but that is not always the case, sometimes for instance, certain court appointed attorneys are not on the appeal's list.

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Posted

You're just going to have to contact the court and apply for a court appointed appellate attorney. If you qualify for one, the court will also cover the cost of the transcript.

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Posted

In addition, you can also file a "pro-se" notice of appeal yourself. The appellate timetable is unforgiving. You have 30 days (straight) from the date of sentencing to perfect your appeal.

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Posted

Whether you apply for court-appointed counsel or elect to proceed pro se, you must file a Notice of Appeal with the District Court within 30 days of the jury's verdict. The exception is if you file a Motion for New Trial. That will toll the period to file your notice of appeal. Be sure you don't miss this 30-day window.

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2 comments

Asker

Posted

Does the 30 day apply if the judge hasn't went to the sentencing phase?

Carlo D'Angelo

Carlo D'Angelo

Posted

No. In that case it's 30 days from the day you're sentenced.

Posted

Your trial attorney is required to answer any qestions that you may have regarding an appeal, and to assist with the filing of a Motion for New Trial or Notice of Appeal. If you cannot afford to hire an appellate attorney, or pay for the transcripts, you will need to apply with the Court for appointed counsel. Your trial counsel should be able to answer questions regarding the local custom and procedure. Good Luck.

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