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Last Modified on Jul 17, 2025
If you’re wondering, can you appeal a criminal conviction? — the short answer is yes, in many cases you can. When a person believes they were unfairly convicted, they may have the legal right to appeal that decision. But it’s important to understand what an appeal really means, who qualifies, and how the criminal appeals process works.
What Does It Mean to Appeal a Conviction?
Appealing a criminal conviction doesn’t mean you necessarily get a brand new trial. Instead, it’s a formal request for a higher court to review what happened in the original trial and sentencing, and to correct any legal errors. The appellate court examines the proceedings to determine whether legal errors may have affected the outcome of the case.
This could include things like:
- Mistakes by the judge in applying the law
- Improper jury instructions
- Violations of the defendant’s rights
- Improperly admitted evidence
- Ineffective assistance of counsel
- Prosecutorial misconduct
- Incorrect application of the sentencing guidelines
- Without one or more of these grounds, the appeal may not move forward.
Who Can Appeal?
Generally, anyone who has been convicted of a crime has the right to file an appeal. However, there are a few exceptions. If you entered a guilty plea, you may have waived your right to appeal, unless your attorney made a critical error or your plea wasn’t entered voluntarily or knowingly. Some defendants have the right to appeal their conviction and sentence no matter what, and others have to apply for permission from the court of appeals, depending on the timing and circumstances of the appeal.
How Does the Criminal Appeals Process Work?
The process starts by filing a “notice of appeal,” usually within a strict deadline (often 30 days from the date of conviction or sentencing, or sooner). Missing this deadline can result in losing the right to appeal entirely.
After that, the appellant submits a written legal argument called a “brief,” which explains why the conviction or sentence should be overturned or modified. The prosecution responds with their own brief. In some cases, both sides may appear before the court for oral arguments.
If the court of appeals accepts the filing, the appellate judges will then review the trial record and legal briefs. In some cases, they will invite the parties to appear for oral argument. This is very different from a trial. There are usually multiple judges sitting together (often three), and the only other people in attendance are the attorney for each side. It is common that the defendant does not appear or cannot appear if they are in custody. For defendants not in custody, they are welcome to attend and sit in the public gallery. The attorneys for each side will present legal facts and arguments, and the judges will often interrupt to ask questions. The attorneys cannot present new evidence or call witnesses, and they are limited to facts that are already “in the record” from the court below.
After reading the briefs and potentially hearing oral argument, the court of appeals may:
- Uphold the conviction
- Reverse the conviction
- Order a new trial
- Reduce the sentence
- Send the case back to the lower court with instructions
- Or, in rare cases, dismiss the charges entirely
Why Timing and Legal Help Matter
Because deadlines are strict and the process is complex, it’s essential to act quickly and consult with an experienced criminal appeals attorney. Your appellate attorney can help determine whether you have grounds to appeal and ensure every procedural step is properly handled.
Understanding Your Rights and Next Steps
Appealing a conviction can be a powerful legal tool, but it’s not automatic, and it’s not simple. If you’ve ever asked yourself, “Can you appeal a criminal conviction?”, know that it depends on your case’s unique circumstances, the timing, and whether your attorney finds legitimate appealable issues. Understanding your rights and the criminal appeals process is the first step toward possible justice.
