Criminal Appeals

If you or someone you know has been convicted of a crime, you have likely thought about filing an appeal of that conviction.

You likely have questions about the criminal appeals process. Criminal appeals can be complex and to be successful will require a vast and encyclopedic knowledge of criminal law and the criminal justice system. Seek out an attorney in your area with experience in criminal appeals.

What Is a Criminal Appeal?

A criminal appeal follows a criminal case. The criminal defendant filing the appeal is the appellant; the person opposing the appeal is called the appellee. It is a legal process that allows you to challenge a conviction or sentencing decision made by a trial court. In essence, it’s a request for a higher court, or court of appeals, to review and potentially overturn the verdict or sentencing of your case.

States have different numbers and structures of appellate courts, which hear and decide appeals, but the process is generally the same. An appeal is not a second trial, it focuses on whether the trial court, defense attorney, prosecutor, or even a juror made legal or technical errors.

While no trial is perfect, a successful appeal must prove that the errors were serious enough to affect the outcome of your case. A violation of your constitutional rights would be a reason to appeal.

You generally have the right to appeal a criminal conviction, but this right is not guaranteed. An appeal is also not a guarantee of a different outcome. Also, you do not have a right to appeal your conviction if you entered a guilty plea.

How Do I Get an Appeal?

An appeal is not automatic except in rare cases, such as some states’ death sentences. You must follow your state’s specific procedures to initiate a criminal appeal. The general steps include:

• File a written notice of appeal: There is typically a deadline following your conviction or sentencing. Missing this deadline could mean losing your right to appeal.
• Obtain a trial transcript: A transcript of the trial court proceedings, including the court reporter transcript, exhibits, and any documents, is essential for the appellate court to review the case. Your lawyer will review the transcript to look for errors.
• Prepare an appellate brief: Your lawyer will draft an appellate brief, which is a detailed argument explaining why you believe the trial court made legal errors. This is a critical document in the appeal process and generally contains two parts. The first part will be examples in the transcript of alleged errors at the trial. The second part will be legal arguments for overturning your conviction.
• Oral argument: In some cases, the appellate court will grant an oral argument. This allows you or your lawyer to explain your case and answer the judges’ questions.
• Await the decision: After all the necessary documents and arguments have been presented, the appellate court will issue a ruling. They could uphold the conviction and sentence, reverse it, or order a new trial. If the court upholds your conviction, you could then appeal to your state supreme court.

How Can I Improve My Chances of Winning an Appeal?

Winning a criminal appeal is not easy, but there are several steps you can take to improve your chances:

• Hire an experienced appellate attorney: The most crucial step is to have a knowledgeable lawyer who specializes in criminal appeals. A detailed understanding of the law is necessary to the errors from your earlier trial. Familiarity with the process is also important for doing things right. Misstated details, missed deadlines, and other technical errors could eliminate your chance of a successful appeal.
• Carefully review the trial record: Your lawyer will meticulously review the trial record to identify errors or legal issues that can be raised on appeal.
• Craft a strong appellate brief: An experienced appellate lawyer will know what a strong brief needs to include regarding evidence of errors and persuasive arguments.
• Maintain patience and persistence: The appellate process can be time-consuming, so be patient. Continue to work closely with your lawyer and stay engaged in your case.
• Seek new evidence: In some situations, new evidence may emerge that was unavailable during the trial. Your lawyer can present it to the appellate court.

What Are the Possible Outcomes of a Criminal Appeal?

Criminal appeals can result in several different outcomes, including:

• Affirmation: The appellate court agrees with the trial court’s decision and upholds your conviction and sentence. Your original verdict and sentence remain unchanged.
• Reversal: The appellate court rules that the errors that occurred in the lower court proceedings affected the outcome of your case. Reversing your conviction or sentence effectively nullifies it. The prosecutor would have to decide whether to seek a new trial.
• Remand: This means sending your case back to the trial court for more proceedings or a new trial. This happens when legal errors are identified, but the appellate court believes the trial court should address them.
• Sentence modification: The appellate court may decide not to overturn the conviction. Instead, they may modify your sentence to a less severe one.
• Acquittal: While rare, the appellate court may acquit you of the charges, clearing your name. This typically happens when there is overwhelming evidence of your innocence.
• Mixed outcome: The appellate court may uphold some aspects of the trial court’s decision while reversing others. For example, if you were convicted of multiple charges, certain convictions or sentences will be upheld, while others are overturned.

Who Represents Me During an Appeal?

Navigating the appellate court system can be challenging, and the outcome will have a profound effect on your life. If you’re considering an appeal or have questions about post-conviction relief, it’s essential to seek the guidance of a lawyer attorney specializing in criminal appeals.

Your lawyer will work closely with you to understand the specifics of your case, gather evidence, and build a compelling argument for the appeal. They will also guide you through the process and keep you informed about developments in your case.