Misdemeanor Appeals - Texas

Asked over 1 year ago - 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)

  1. Martin Ben Zimmerman

    Contributor Level 11

    12

    Lawyers agree

    Answered . 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-... more
  2. Bart Charles Craytor

    Contributor Level 17

    9

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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

    Answers provided on Avvo does not form an attorney-client relationship or indicate that the attorney represents or... more
  3. Diana Elizabeth Buss

    Pro

    Contributor Level 10

    9

    Lawyers agree

    Answered . 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.

  4. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  5. Stephen A. Gustitis

    Contributor Level 13

    8

    Lawyers agree

    Answered . 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.

  6. Carlo D'Angelo

    Pro

    Contributor Level 4

    4

    Lawyers agree

    Answered . 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.

  7. Todd Bennett Steele

    Contributor Level 11

    2

    Lawyers agree

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,814 answers this week

2,814 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,814 answers this week

2,814 attorneys answering