Texas Legal Appeals
Convictions in municipal court may be appealed to the county court. Although there is a growing trend for municipal couts to become courts of record, most municipal courts are not courts of record. Most appeals from municipal court are heard in a trial de novo, which means that the county court tries the case as if it had been filed originally in that court. One criticism of this process is that trial de novo encourages appeals to county courts and causes huge case backlogs. Processing these backlogs often requires dismissals and plea-bargaining based on expediency rather than on the merits of the case.
Appeals from a conviction must be made within ten days from the entry of judgment. An alternative to the 10-day rule arises in cases when the defendant waives the right to a jury trial and pleads either nolo contendere or guilty before the date scheduled for appearance in court. In such cases, the defendant is giving 30 days to appeal. An appeal is usually made by posting an appeal bond. An appeal bond is a promise by the defendant to appear at the trial of the case in county court or forfeit the amount of the bond. Most appeal bonds are made by obtaining the signature of two sureties along with the signature of the principal. Alternative methods are posting cash or a cashier's check in the amount of the bond.
If the defendant is successful in county court and is found not guilty, the defendant's conviction in municipal court is voided, and no record is kept of the conviction. A conviction in county court may not be appealed further unless the amount of the fine exceeds $100, exclusive of court costs, or involves a violation of constitutional rights. If the fine exceeds $100, the defendant may appeal a conviction to the Court of Appeals. If a constitutional question is involved, the convicted person may appeal from that court to the United States Supreme Court.
Appeals from a conviction must be made within ten days from the entry of judgment. An alternative to the 10-day rule arises in cases when the defendant waives the right to a jury trial and pleads either nolo contendere or guilty before the date scheduled for appearance in court. In such cases, the defendant is giving 30 days to appeal. An appeal is usually made by posting an appeal bond. An appeal bond is a promise by the defendant to appear at the trial of the case in county court or forfeit the amount of the bond. Most appeal bonds are made by obtaining the signature of two sureties along with the signature of the principal. Alternative methods are posting cash or a cashier's check in the amount of the bond.
If the defendant is successful in county court and is found not guilty, the defendant's conviction in municipal court is voided, and no record is kept of the conviction. A conviction in county court may not be appealed further unless the amount of the fine exceeds $100, exclusive of court costs, or involves a violation of constitutional rights. If the fine exceeds $100, the defendant may appeal a conviction to the Court of Appeals. If a constitutional question is involved, the convicted person may appeal from that court to the United States Supreme Court.