Texas Defense Firm | January 21, 2026 | Appeals

The Role of a Criminal Defense Appeal Lawyer in Texas

In Texas, an appeal is the legal process of asking a higher court to review your conviction or sentence for mistakes made during your trial. This is an incredibly complicated process, and if you don’t have a professional by your side, it’s unlikely that you’ll have a real chance of success. 

Below are some of the primary ways a criminal defense appeal lawyer in Texas can assist defendants:

A criminal defense appeal lawyer meticulously examines everything that happened during your trial, like transcripts, evidence, and attorney objections, to find out if any court rules or constitutional protections were violated. This step is critical for spotting mistakes that might have unfairly influenced the jury or outcome. 

The attorney studies all instructions given to the jury to make sure they accurately describe the law and your rights. If vital instructions were unclear or erroneous, or if elements of the offense, this point can become grounds for an appeal. 

Assess Claims of Ineffective Assistance of Trial Counsel

An appellate lawyer honestly analyzes whether your original lawyer’s mistakes or inaction were so severe that you were denied a fair trial. If standards for ineffective assistance of counsel are met, you could be entitled to relief.

Challenge Improper Admission or Exclusion of Evidence

They review objections to whether the judge should or shouldn’t have admitted certain testimony, lab results, statements, or items. If they believe mistakes were made and errors were properly preserved at trial, they can file an appeal.  

Research Applicable Texas and Federal Case Law

A Texas appellate lawyer has to stay up to date on changes in the law, so they research and apply legal precedents from Texas courts or even the U.S. Supreme Court. Citing these decisions is essential for shaping clearer, more compelling arguments. 

File Appellate Briefs and Respond to the State’s Appellate Arguments

The attorney writes detailed briefs for the appeals court, breaking down errors and arguing against them. Your appeal lawyer also carefully reviews and rebuts the State’s counter-arguments point by point to defend against government attempts to explain or downplay trial mistakes. 

Prepare for and Present Oral Argument When Granted

If the court grants oral arguments, your attorney stands before the appellate judges to argue your case. This is rare, but it happens, so it’s important for lawyers to have experience and know what they’re doing.

Explain Potential Outcomes and Realistic Expectations of the Appeal

A responsible appellate lawyer gives honest advice about your chances, outlining the types of results possible. For example, your conviction could be affirmed or reversed, a new trial could be ordered, or your sentence could be modified. They provide guidance at each step so you know what to expect and don’t have unrealistic expectations of the outcome.

Why Appellate Experience Matters

Appealing a criminal conviction is completely different from handling a trial. 

Here’s why working with a lawyer who is experienced in appeals matters: 

  • Deep knowledge of appellate court rules and procedures: Navigating the appellate court system in Texas requires different knowledge than that required for going to trial. Criminal defense lawyers without extensive appeals experience may miss crucial deadlines or format briefs incorrectly, threatening your entire case before arguments even get heard. 
  • Analytical skills for uncovering reversible error: Appeals are not about proving innocence; it’s about showing that a mistake was made and that it was so significant that the outcome of the case should be changed or the case redone.
  • Effective legal writing and persuasion in briefs: Winning appeals is often about knowing how to write. Lawyers who have written dozens (or more) appellate briefs know how to get their point across, use precedent appropriately, illustrate legal theories, and present the case in a way that makes sense. 

Specialized skills and experience can directly impact your chances of convincing an appellate court to overturn or reduce a conviction.

Contact Our McKinney Criminal Appeals Lawyers at Texas Defense Firm for a Confidential Consultation

Choosing an appellate lawyer with real experience gives you a significant advantage in a system that is notorious for its high bar for reversing verdicts. If you have questions about appealing your conviction or want to review whether an appeal makes sense, contact one of our McKinney criminal appeals lawyers at Texas Defense Firm today.  

If you’ve been charged with a crime in McKinney or its surrounding areas and need legal help, contact our skilled criminal defense attorneys at Texas Defense Firm. Schedule a confidential consultation today to discuss your case and protect your rights.

We proudly serve Collin, Denton, Kaufman, and Rockwall counties and the surrounding areas. Visit our law offices at:

Texas Defense Firm – McKinney Office
7300 State Highway 121 Suite 400
McKinney TX 75070
(972) 369-0577
Available 24/7