June 6, 2025
The moment a judge or jury foreman says "guilty" is devastating. In that instant, your world shrinks, and the future feels uncertain. But it's crucial to know that this is not necessarily the end of the road. It's the beginning of a new, time-sensitive fight, and the first step is often the most critical: the Motion for New Trial.
This is your first, best chance to challenge the verdict in the trial court, but the window of opportunity is incredibly short and slams shut with unforgiving finality.
In Texas criminal law, you have just 30 days from the date your sentence is formally imposed to file a Motion for New Trial. This isn't a suggestion; it's one of the strictest deadlines in the entire legal system.
Missing this deadline means the trial court loses its power to grant you a new trial, and more importantly, you may permanently lose the ability to raise certain critical errors on appeal. The clock starts ticking the moment the judge pronounces the sentence, and every single day matters. There is no time to waste.
A Motion for New Trial is not a simple do-over. Its power lies in its unique ability to present evidence that wasn't part of the original trial record. While a direct appeal is generally limited to mistakes that are obvious from the trial transcript, a Motion for New Trial allows your attorney to raise crucial issues that happened "outside the record."
This is the proper place to argue things like:
Ineffective Assistance of Counsel: Perhaps your trial lawyer failed to investigate a key alibi witness, didn't inform you of a favorable plea bargain offer, or made other critical errors that compromised your defense.
Newly Discovered Evidence: If credible, game-changing evidence has come to light since the trial concluded, this motion is the vehicle to bring it before the court.
Prosecutorial Misconduct: This can include proof that the State failed to turn over favorable evidence (a "Brady" violation).
Developing these claims requires a swift and thorough investigation to gather sworn statements (affidavits) and other proof. It's a race against time to build a compelling case that justifies a new trial.
Given the high stakes and extreme time pressure, the attorney handling your Motion for New Trial must be able to hit the ground running. This is not the time for a lawyer to learn on the job. This is where a specialist makes all the difference.
What does this mean for you?
Board Certification is a mark of experience, held by only a small fraction of Texas attorneys. It signifies a lawyer with substantial, relevant experience in appellate matters and who has passed a rigorous examination in the specialty. For a Motion for New Trial, a board-certified appellate specialist brings indispensable skills:
Expert Issue Spotting: They are trained to rapidly analyze a case to identify not just obvious errors, but the subtle, complex issues that can form the basis of a successful motion and subsequent appeal.
Strategic Investigation: They know precisely what evidence is needed to support claims like ineffective assistance of counsel and how to gather it under a tight deadline.
Preservation of Error: This is the most critical skill. An appellate specialist knows exactly how to frame arguments and present evidence in a Motion for New Trial to ensure those issues are "preserved" for review by a higher court. A mistake at this stage can prevent an appellate court from ever considering a valid error.
A guilty verdict is a setback, but it doesn't have to be the final word. The action you take immediately following a conviction can define the rest of your case and your life. You cannot afford to wait.
If you or a loved one has been convicted, the clock is already ticking. Contact Larman Law immediately. Put a Board-Certified Criminal Appellate Specialist on your side to ensure your rights are protected and every possible avenue for a new trial is expertly pursued.
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