Austin is a “Court of Record” so all criminal appeals must be based on a defect in applying the law during a trial. The appeal is NOT a re-trial like it is when appealing from non-court of record. Following are the basic steps for an appeal but are NOT inclusive. Click here for a copy of the Appellant information this is provided in the courtroom.
1. A motion for new trial must be submitted within 10 days of date of conviction
2. If the motion for new trial is not granted, the defendant has 10 days from the date of denial (or after 30 days if the judge does not make a decision) to file a written notice of appeal.
3. A $25 Appeal Fee must be paid at the same time as the written notice of appeal.
4. An appeal bond (in cash) must be paid at the same time as the written notice of appeal in the amount of $100 or twice the total amount of the fines, costs, and fees, whichever is greater.
5. The defendant also has the option to order a Reporter’s Record (formerly called a transcript of the trial) to submit to support his or her reason for appeal.