All Laws Decoded

How to Appeal a Criminal Conviction

A criminal appeal asks a higher court to review a conviction or sentence for legal errors; it is not a new trial and usually does not allow new evidence. It starts with a notice of appeal filed by a strict deadline, which in federal court is 14 days after the judgment for a defendant, and in states such as California is 30 days for misdemeanors and 60 days for felonies. After the court of appeals decides, a party may ask the U.S. Supreme Court to hear the case, which it does in only a small number of cases.

What the law says

FAQ

How long do I have to file a criminal appeal?
It depends on the court. In federal court a defendant has 14 days after entry of the judgment (or after the government's notice of appeal, if later). In California it is 30 days for a misdemeanor and 60 days for a felony. Check your own state's rules.
Can I present new evidence on appeal?
Generally no. Appeals review the trial for legal errors. California's guide says the appellate court does not re-decide the facts. In federal court, newly discovered evidence is raised by a motion for a new trial, which must be filed within 3 years after the verdict.
Can I appeal if I pleaded guilty?
Sometimes. In federal court, after sentencing the judge must advise any defendant of any right to appeal the sentence, regardless of the plea, though a plea agreement may waive appeal rights. California's guide says a defendant may appeal the validity of a plea.
Can the prosecution appeal if I'm found not guilty?
No. The U.S. Courts say the government cannot appeal if a defendant in a criminal case is found not guilty, though either side may appeal a sentence after a guilty verdict.
What if I can't afford an appeal?
In federal court, the judge must advise a defendant who cannot pay appeal costs of the right to ask to appeal in forma pauperis, and a defendant who cannot obtain a lawyer is entitled to appointed counsel through appeal.
What happens if the appeal is won?
The Justice Department says a conviction may be reversed, a sentence may be changed, or a new trial may be ordered, and the case may be sent back to the trial court.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.