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
- The Justice Department says a federal defendant found guilty can appeal to the Circuit Court if they believe they were wrongly convicted or the sentence was too harsh, and that "An appeal is not another trial but an opportunity for the defendant to try to raise specific errors that might have occurred at trial." U.S. Department of Justice, Justice 101: Appeal
- A common appeal argument is that a judge's decision was wrong, for example a ruling on whether to suppress evidence or on the sentence imposed. An appeal may result in a reversed conviction, a changed sentence, or a new trial. U.S. Department of Justice, Justice 101: Appeal
- In a federal criminal case, a defendant's notice of appeal must be filed in the district court within 14 days after the later of the entry of the judgment or order being appealed or the filing of the government's notice of appeal. Federal Rules of Appellate Procedure, Rule 4(b)(1)(A) (Dec. 1, 2024 edition)
- On a finding of excusable neglect or good cause, the federal district court may extend the time to file a criminal notice of appeal for up to 30 days from the end of the normal deadline. Federal Rules of Appellate Procedure, Rule 4(b)(4) (Dec. 1, 2024 edition)
- After sentencing, a federal court must advise a defendant who pleaded not guilty and was convicted of the right to appeal the conviction, advise any defendant of any right to appeal the sentence, and advise a defendant who cannot pay appeal costs of the right to ask to appeal in forma pauperis. If the defendant asks, the clerk must immediately prepare and file a notice of appeal for them. Federal Rules of Criminal Procedure, Rule 32(j) (Dec. 1, 2025)
- A defendant who cannot obtain a lawyer is entitled to appointed counsel at every stage of a federal case, from initial appearance through appeal, unless the right is waived. Federal Rules of Criminal Procedure, Rule 44(a) (Dec. 1, 2025)
- Separate from an appeal, a federal motion for a new trial based on newly discovered evidence must be filed within 3 years after the guilty verdict or finding; one based on any other ground must be filed within 14 days. Federal Rules of Criminal Procedure, Rule 33(b) (Dec. 1, 2025)
- The U.S. Courts say the defendant may appeal a guilty verdict, but the government cannot appeal if a defendant is found not guilty; either side may appeal the sentence imposed after a guilty verdict. United States Courts, Appeals
- Federal appeals are decided by three-judge panels. The appellant files a written brief arguing the trial court made errors; the other side files a brief in response. Many cases are selected for oral argument, with each side typically getting about 15 minutes, and some are decided on the briefs alone. United States Courts, Appeals
- A party that loses in a federal court of appeals, or in a state's highest court, may petition the U.S. Supreme Court for a writ of certiorari; the Court does not have to grant it. The Justice Department notes the Court "takes only a small number of cases each year." United States Courts, Appeals
- Example (California): to appeal a misdemeanor, file Notice of Appeal (Misdemeanor) (form CR-132) within 30 days of the judgment or order; to appeal a felony, file Notice of Appeal — Felony (Defendant) (form CR-120) within 60 days. Misdemeanor appeals are handled in the superior court and felony appeals in the California Court of Appeal. California Courts Self-Help Guide, See your options after sentencing
- Example (California): the court's guide says "An appeal is not a new trial"; the grounds are that there was not enough evidence to support the verdict or that legal mistakes during or before trial hurt the case. A defendant may also appeal the validity of a plea or a probation violation. California Courts Self-Help Guide, See your options after sentencing
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
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- Do I Need a Lawyer for a Misdemeanor?
- Federal Drug Charges: Penalties and Mandatory Minimums
- Federal Gun Charges: Felon in Possession, 924(c), and Penalties
- Federal vs. State Crimes: What's the Difference?
- How Does Juvenile Court Work?
- How Long Does a Felony Stay on Your Record?
- How Much Does a Criminal Defense Lawyer Cost?
- How Do Plea Deals Work?
- How to Get a Public Defender
- Illegal Reentry After Deportation: Federal Charges and Penalties
- Should You Talk to Police Without a Lawyer?
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- What Is a Bench Warrant?
- Misdemeanor vs. Felony: What's the Difference?
- What Is an Arraignment?
- What Is Extradition?
- What Is Mail Fraud?
- What Is Wire Fraud?
- What to Do If You Have a Warrant
- Criminal Law by state
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.