Can I appeal an acquittal of criminal charges?

Yes, in Texas, you can appeal an acquittal of criminal charges. This type of appeal is called collateral attack. A collateral attack occurs when the defendant is attempting to challenge the judgment of a previous court even though they are not appealing a guilty conviction. The main difference between an ordinary appeal and a collateral attack is that, in the ordinary appeal, the defendant is trying to overturn the guilty verdict of the original court. In a collateral attack, the defendant is asking the appeals court to take a second look at a previous acquittal or dismissal. The Texas Court of Criminal Appeals is the court with jurisdiction to hear a collateral attack. This court holds the power to reverse the lower court’s decision and reinstate the charges. However, these types of appeals are usually unsuccessful. The court typically requires an extraordinary showing of error from the lower court in order to override the original judgment. When appealing an acquittal, the defendant must comply with the rules of the appellate court and present a fairly strong argument against the judgment of the lower court. If the defendant is able to meet the required standards, they may be able to appeal the acquittal. If the court rules in the defendant’s favor, the charges may be reinstated.

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Can I appeal an acquittal of criminal charges?

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