Consulting & Co-Counseling
Build the appeal into your trial before the jury is seated.
Appellate consulting and co-counsel for trial lawyers in first- and second-degree felony cases, including cases with repeat and habitual offender allegations.
You know the facts, the witnesses and the courtroom. We focus on the record. Working alongside you as a consultant or co-counsel, Freud Law P.C. helps you prepare an appellate strategy before and during trial, so the issues that matter are raised, ruled on and preserved for the court of appeals and, if needed, the Court of Criminal Appeals.
Why bring in appellate counsel early
The appeal is decided on the record you make at trial.
An appellate court reviews what is in the clerk’s record and the reporter’s record, and little else. An objection that was never made, a ruling that was never obtained or an offer of proof that never made it into the record is usually a lost issue, however strong it was.
In a first-degree case, or a second-degree case enhanced by a prior felony conviction, the range runs up to 99 years or life, and habitual allegations can raise the minimum to 25 years. With that much at stake, the time to plan for appeal is before trial, when issues can still be raised, framed and preserved, and not after the verdict.
Cases we consult on
Serious felony trials, with or without enhancements.
- First-degree feloniesCases where a conviction carries 5 to 99 years or life.
- Second-degree feloniesIncluding cases where a prior felony conviction could raise punishment to the first-degree range.
- Repeat and habitual allegationsCases with enhancement paragraphs under Texas Penal Code § 12.42.
What the strategy covers
An appellate plan for your trial, from pretrial motions to notice of appeal.
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Issue identification
A review of the charging instrument, pretrial rulings and the anticipated evidence to identify the legal issues most likely to matter on appeal.
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Preservation plan
A working checklist for timely, specific objections, adverse rulings on the record, running objections, offers of proof and bills of exception.
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Motions and briefing support
Help drafting pretrial motions, motions in limine and short trial briefs that frame an issue the way an appellate court will read it.
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The jury charge
Requested instructions, lesser-included offenses and charge objections, written so the record shows exactly what was asked for and what was refused.
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Punishment and enhancements
A close look at the enhancement allegations: notice, the finality and sequence of the prior convictions, proof that your client is the person previously convicted, and how pleas of true affect what can be raised later.
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After the verdict
Planning for the motion for new trial and notice of appeal deadlines, so the 30 days after sentencing are spent building the record, not finding out about it.
How it works
Simple to start, built around your trial setting.
A 20-minute call
Text the office to schedule a complimentary call about your case, your setting and what you need.
Engagement
We agree on the role, consultant or co-counsel, the scope of the work, the fee and the timeline in writing.
Strategy
We review the file and build the appellate strategy with you ahead of trial.
Through trial
We stay available as issues come up and help plan the post-trial filings.
- Fees
- Flexible fee structures: flat fee, hourly, or by stage of the case.
- Timing
- Reach out sooner rather than later. While there can be scenarios and emergencies that can warrant last-minute requests for assistance, we are generally reluctant to work a case under rushed circumstances unless there’s a good reason.
- Role
- The work can be behind the scenes or in court.
About Jessi
A trial lawyer’s background, an appellate lawyer’s focus.
Between 2015 and 2023, Jessi tried over 30 misdemeanor and felony cases to verdict, including murder, aggravated sexual assault and aggravated robbery. She’s taken this trial experience into post-conviction practice. In the last 5 years alone, she has handled at least two dozen special post-sentencing hearings such as motions for new trial, motions for chapter 64 DNA testing, motions for shock probation, petitions for judicial clemency, and 11.07 & 11.072 evidentiary writ hearings.
Today she practices criminal appellate law exclusively, representing Texans statewide. She has argued before the Court of Criminal Appeals and intermediate appellate courts across the state.
While past results do not guarantee a similar outcome in any future case, here are some select results over the past 36 months.
- Firm
- Freud Law P.C., established 2016.
- Recognition
- TCDLA Pro Bono Attorney of the Year, 2019. National Trial Lawyers Top 40 Under 40, Texas criminal defense, 2018 to 2022.
- Memberships
- Austin Criminal Defense Lawyers Association. McLennan County Criminal Defense Lawyers Association.
- Also
- Staff attorney with a post-conviction innocence organization since 2018, where she co-teaches an innocence clinic. She also taught a 3-day courtroom testimony course to law enforcement for 3 years through A&M’s TEEX.
Schedule a meeting
Talk through your case with Jessi.
Text the office to schedule a complimentary 20-minute call. Include your name, the county, the offense and degree, and your trial setting.