Criminal Appeals, Appellate Courts, and the Real Costs of Challenging a Conviction

After a criminal conviction, the trial is not always the final word. In many cases, a defendant can ask a higher court to review what happened and decide whether the law was applied correctly. This process is called a criminal appeal, and it involves a specialized set of courts, strict deadlines, and sometimes significant costs.

This article explains how criminal appeals work in the United States, what appellate courts can and cannot do, and the financial and strategic considerations anyone should understand before deciding to appeal.

1. What Is a Criminal Appeal?

A criminal appeal is a formal request to a higher court to review a conviction or sentence entered by a trial court. The defendant (now called the appellant) argues that a legal error affected the outcome of the case and asks the appellate court to correct it.

Key points about criminal appeals:

• Not a new trial: The appellate court does not hear witnesses again or accept new evidence. It reviews the existing record from the trial court.
• Focus on legal errors: Appeals challenge how the law was applied or interpreted, not simply whether the defendant disagrees with the verdict.
• Based on the record: Judges examine transcripts, motions, exhibits, and written arguments (briefs) filed by both sides.
• Limited time to file: Strict deadlines, often counted in days from sentencing or judgment, control when a notice of appeal must be filed.

2. Trial Courts vs. Appellate Courts: Different Jobs

Understanding appeals starts with recognizing the different roles of trial and appellate courts.

In federal court and most states, there is at least one intermediate appellate court and a highest court (often called a state supreme court).

3. Grounds for Appealing a Criminal Case

Not every disagreement with a verdict is a legal basis for appeal. The appellant usually must identify one or more appealable errors that occurred in the trial or sentencing.

3.1 Common legal errors raised on appeal

• Improper admission or exclusion of evidence: For example, hearsay admitted in violation of the rules of evidence or key defense evidence improperly excluded.
• Incorrect jury instructions: The trial judge misdescribed the elements of the crime or the burden of proof.
• Insufficient evidence: The evidence presented, even viewed in the light most favorable to the prosecution, could not support a guilty verdict under the law.
• Constitutional violations: For instance, denial of the right to effective assistance of counsel, unlawful search and seizure, or violation of the right to confront witnesses.
• Juror misconduct or bias: A juror lied during jury selection or disobeyed the court’s instructions in a way that affected the verdict.
• Sentencing errors: The judge used the wrong sentencing range or misapplied guidelines or statutory limits.

3.2 Harmless error vs. reversible error

Even when an appellate court finds an error, it will only overturn the conviction if the mistake was prejudicial—meaning it likely affected the outcome.

• Harmless error: A mistake that, in the judges’ view, did not change the verdict or sentence. The conviction is usually upheld.
• Reversible error: A significant error that undermines confidence in the verdict; the appellate court may reverse, order a new trial, or modify the sentence.

4. The Steps in a Typical Criminal Appeal

The details vary by jurisdiction, but most criminal appeals follow a predictable sequence.

4.1 Starting the appeal: Notice of appeal

The process begins when the defendant files a notice of appeal in the trial court. In federal criminal cases, this is generally required within 14 days of the entry of judgment, subject to limited extensions for good cause. In many state systems, the deadline is often 30 days from sentencing or final judgment, though specific rules differ by state.

4.2 Preparing the record on appeal

The record on appeal is the official compilation of what happened in the trial court. It typically includes:

• Clerk’s file (complaint, indictment, motions, orders, verdict, judgment)
• Transcripts of pretrial hearings, trial, and sentencing
• Exhibits admitted into evidence

Once the record is assembled and transmitted to the appellate court, briefing deadlines usually begin to run.

4.3 Written briefs: The heart of the appeal

Appellate courts rely heavily on written arguments called briefs.

• Opening brief (appellant’s brief): Explains the issues on appeal, the relevant facts from the record, and legal arguments supported by statutes and case law.
• Answering or response brief: Filed by the prosecution (or government) to defend the conviction or sentence.
• Reply brief: Optional short filing by the appellant responding to new points in the government’s brief.

Most appeals are decided largely on these written submissions, not on live testimony.

4.4 Oral argument (in some cases)

In many appeals, the court decides the case based solely on written briefs. Some cases, however, are selected for oral argument, where lawyers for each side appear before the judges to answer questions and emphasize key points.

• Oral argument is usually short (often 10–30 minutes per side).
• Defendants rarely testify or speak; their attorneys present the case.
• In death penalty or other especially serious cases, oral argument is more common.

4.5 The appellate court’s decision

After reviewing the record and briefs (and any oral argument), the appellate judges issue a written decision. Possible outcomes include:

• Affirm: The conviction and sentence stand.
• Reverse: The conviction is set aside, which may result in dismissal or a new trial.
• Modify: The court adjusts part of the judgment, such as reducing a sentence.
• Remand: The case is sent back to the trial court for further proceedings (for example, a new sentencing hearing or retrial).

5. Beyond the First Appeal: Further Review and Collateral Attacks

A direct appeal is usually the first level of review. Additional avenues may exist, but they are often discretionary and narrow.

5.1 Discretionary review in a higher court

After an intermediate appellate court issues its decision, a party may sometimes seek review in the state’s highest court or in the U.S. Supreme Court. These courts generally choose only a small fraction of cases, focusing on issues of broad legal importance rather than routine error-correction.

5.2 Post-conviction and collateral proceedings

When direct appeals have ended—or if they were never taken—defendants may pursue other forms of review, such as:

• State post-conviction petitions: Asking the original trial court to reconsider convictions or sentences using special procedures, often based on claims like ineffective assistance of counsel or newly discovered evidence.
• Federal habeas corpus (for state prisoners): A separate proceeding in federal court challenging detention as unconstitutional, subject to strict procedural and timing rules.

These collateral proceedings usually do not re-litigate every trial issue; they focus on specific constitutional problems and must comply with demanding legal standards.

6. The Financial and Practical Costs of Appealing

Appealing a criminal case can be expensive and time-consuming. Even when some defendants have the right to appointed counsel, there are still real costs and risks to consider.

6.1 Direct financial costs

Depending on the jurisdiction and complexity of the case, costs may include:

• Attorney’s fees: Private appellate lawyers may charge hourly rates or flat fees that reflect the specialized skills and large time commitment appeals require.
• Transcript and record preparation: Court reporters and clerks may charge for preparing and copying transcripts and records, unless waived for indigent defendants.
• Filing fees: Some courts impose fees to file a notice of appeal or docket the case, which can sometimes be waived for those unable to pay.
• Expert or investigative support: In some appeals, counsel may need expert consultation or record review, especially in complex or scientific cases.

6.2 Time and emotional costs

Appeals can take months or years to resolve. During that period:

• The appellant may remain in custody serving the sentence.
• The uncertainty can be stressful for defendants and families.
• Even a successful appeal may only lead to a new trial, not immediate freedom.

6.3 Risk of a less favorable outcome

In some systems, appealing may open the door to reconsideration of the entire judgment, including the sentence. Although many jurisdictions restrict harsher sentences after a successful appeal to prevent punishing defendants for exercising appeal rights, the specific rules vary, and there may still be strategic risks. Consulting counsel about possible outcomes is essential.

7. Public Defenders, Appointed Counsel, and Fee Waivers

Many defendants worry about whether they can afford an appeal. In serious criminal cases, especially where imprisonment is imposed, indigent defendants often have a right to appointed counsel for their first appeal of right.

• Appellate public defenders: Some jurisdictions have dedicated appellate public defender offices that handle criminal appeals for qualifying defendants.
• Court-appointed private attorneys: Where no separate office exists, courts may appoint private lawyers to handle appeals at public expense.
• Fee waivers: Courts frequently waive transcript and filing fees for defendants who demonstrate inability to pay, though rules differ.

Access to appointed appellate counsel does not guarantee success on appeal, but it can make the process more accessible for those without financial resources.

8. Strategic Questions to Ask Before Appealing

Deciding whether to appeal is both a legal and a practical judgment. Some key questions to discuss with counsel include:

• Is there a clear legal issue? Appeals are stronger when they focus on specific, well-documented errors in the record.
• What is the standard of review? Some issues (like pure questions of law) receive closer scrutiny than others (like discretionary evidentiary rulings).
• What are the realistic outcomes? A reversal may lead to dismissal, a new trial, or resentencing; an affirmance leaves the judgment intact.
• How long might the appeal take? Delays may affect decisions about plea negotiations, post-conviction options, or personal planning.
• Are there collateral consequences? Even if prison time is short, a conviction can affect employment, immigration, voting, and professional licenses; sometimes correcting legal errors can matter greatly for these consequences.

Frequently Asked Questions (FAQs)

Q1: Can I introduce new evidence on appeal?

Generally, no. A direct criminal appeal is usually limited to the evidence and proceedings that are already part of the trial record. New evidence is more commonly raised through post-conviction or collateral proceedings rather than on direct appeal.

Q2: Does an appeal stop my sentence from being carried out?

Not automatically. In some cases, courts may grant bail pending appeal or stay certain parts of a sentence, but these are discretionary decisions based on factors like risk of flight, danger to the community, and the strength of the appeal.

Q3: How likely is it that my conviction will be reversed?

Reversal rates vary by jurisdiction and case type, but most criminal convictions are affirmed on appeal. Appellate courts typically overturn convictions only when significant legal errors are shown and those errors likely affected the outcome.

Q4: What happens if I win my appeal?

If the appellate court rules in your favor, it may order a new trial, send the case back for resentencing, or in some circumstances direct that the charges be dismissed. The specific remedy depends on the kind of error found and how it affected the original case.

Q5: Do I need a lawyer for an appeal?

While individuals can sometimes file appeals on their own, criminal appeals involve complex rules and specialized legal arguments. Courts and legal commentators consistently recommend representation by an attorney experienced in appellate practice, especially when liberty is at stake.

Similar Articles

Teen Tobacco Purchase Laws: Age Limits Explained

Corporal Punishment Laws for Parents in America

Middle Fingers and Free Speech: When Is It Legal?

Underage Drinking in the U.S.: Legal Risks and Real-Life Consequences

Bullying and the Law: Rights, Rules, and School Responsibilities

Serving Alcohol Under 21: State Laws Guide

Author

Sneha TeteBeauty & Lifestyle Writer

 

Sneha is a relationships and lifestyle writer with a strong foundation in applied linguistics and certified training in relationship coaching. She brings over five years of writing experience to waytolegal,  crafting thoughtful, research-driven content that empowers readers to build healthier relationships, boost emotional well-being, and embrace holistic living.

Read full bio of Sneha Tete