Appealing a Conviction

A not guilty verdict on all charges normally ends a criminal case—the prosecution cannot appeal an acquittal. A guilty verdict on some or all charges, however, doesn’t necessarily mean the case is over.

Appeal Basics

Criminal appeals involve a lengthy and often complicated procedure. Here you’ll find basic information about what goes into an appeal.

Appealing a Sentence

Criminal defendants generally can’t appeal “lawful” sentences. But a defendant can appeal a sentence if it’s illegal, unconstitutional, or unreasonably excessive.

Appeals: Timeline and Process

Criminal appeals are notoriously slow and complex. Convicted defendants may wonder how they unfold—the following provides a general overview of the process.

Making a Good Record for Appeal

Appellate court judges generally don’t consider new evidence, meaning their rulings are based only on the trial court “record.”

Self-Representation on Appeal

Some defendants, dissatisfied with the representation they received at trial, decide to represent themselves on appeal. Others started out representing themselves and simply continue to do so after conviction. But, just like self-representation at trial, representing oneself on appeal is extremely risky.  

Appeals and "Harmless" Errors

When defendants appeal their convictions they present all the errors they think the trial judge made (and some they’re just hoping the appellate court will buy). Defendants typically offer several arguments about the inadequacy of the trial that led to the conviction.

Appeals and the Writ of Habeas Corpus FAQ

Questions What are the chances that my conviction will be reversed? What is a writ? What's the difference between a writ and an appeal? What is a writ of habeas corpus? What is an appeal? What are the chances that my conviction will be reversed? Appeals judges generally resist overruling trial court

What is the Difference Between Trial and Appellate Courts?

In both state and federal courts, there are trial courts, where cases are first heard, and appellate or “higher” courts, which review decisions from trial courts.

Should I use the lawyer I had at trial for my appeal?

Convicted defendants generally shouldn't use the lawyer they had at trial on appeal. Rather, an experienced appellate lawyer almost always provides the best chance.

What cases does the U.S. Supreme Court hear?

The United States Supreme Court is a federal court, meaning in part that it can hear cases prosecuted by the U.S. government.

Can you lose the right to appeal a ruling by taking a plea deal?

Defense attorneys are sometimes able to negotiate  conditional pleas. This kind of plea arrangement allows a defendant to strike a deal with the prosecution and at the same time contest a ruling by the judge. The defendant reserves the right to appeal a particular ruling. If she loses her appeal, then the conviction stands. If she wins it, she can withdraw her  guilty or no-contest plea.