There’s no rule that says you have to hire a true appellate specialist.
But if you don’t, be prepared to lose your appeal before the court ever addresses what went wrong at trial, simply because the wrong issues were raised or the brief missed the mark.
Choosing a criminal appeals lawyer is not about confidence, reputation, or trial experience. It is about whether someone knows how to work inside the record, the rules, and the standards that control appellate decisions.
If you’re here because you understand that an appeal may be your final opportunity for relief and you want to get it right the first time, you’re already ahead of most people.
Choose Your Path: State Appeal or Federal Appeal
Not sure which applies?
Most convictions are appealed in state appellate courts. If you were prosecuted in a U.S. District Court, you’re in the federal system.
- State Criminal Appeal: Convicted in a state trial court.
→ Jump to: Choosing a State Criminal Appeals Lawyer - Federal Criminal Appeal: Convicted in U.S. District Court (federal prosecution).
→ Jump to: Choosing a Federal Criminal Appeals Lawyer
Important: Your lawyer should confirm the controlling deadline and filing requirements for your specific court immediately.
Missing a procedural step can end an appeal before it begins.
What An Appeal Is And What It Is Not
A criminal appeal is not a retrial.
In most cases, you don’t present new witnesses or new evidence. Instead, the appellate court reviews the trial record to determine whether legal errors affected the outcome.
A strong criminal appeal attorney identifies issues such as improper rulings, flawed jury instructions, constitutional violations, sentencing errors, or other mistakes preserved in the record and builds a focused argument that fits the court’s standard of review.
The 10-Point Checklist For Choosing A Criminal Appeal Attorney
- Use this checklist before you hire:
- Appeals-focused practice (not “occasional appeals”)
- Specific experience with criminal appeals
- Clear record-review method (how issues are found)
- Brief-writing ownership (who drafts and who edits)
- Court familiarity (state vs federal; the specific appellate court)
- Realistic case assessment (no guarantees)
- Deadline discipline (immediate action plan)
- Transparent fees and scope (flat vs hourly, what’s included)
- Communication standards (updates + response time)
- Professional credibility (credentials, bar admissions, published work)
Choosing A State Criminal Appeals Lawyer
State appeals are procedural and court-specific. The best state appellate lawyers know how to work inside the rules of your jurisdiction and how to present issues in a way that appellate judges will take seriously.
What to prioritize in a state criminal appeals lawyer:
- State appellate focus: Ask what portion of their work is state appeals, not trials.
- Court-specific competence: Your lawyer should know your state’s briefing rules, formatting requirements, and procedural traps that can lead to dismissal.
- Issue strategy (not “everything at once”): A skilled appellate lawyer prioritizes the strongest arguments instead of overloading a brief with weak claims.
- Record-driven analysis: Ask how they examine transcripts, rulings, objections, and jury instructions to identify appealable issues.
- Clear writing workflow: Confirm who drafts the brief and how it is revised before filing.
State-appeal questions to ask:
These are the core questions to ask your criminal appeal lawyer before you agree to representation, starting with jurisdiction and deadlines.
- “Which appellate court will hear this, and what are the first required filings?”
- “What issues look strongest based on the record—and why?”
- “How do you approach standards of review and preservation problems?”
- “Who will write the brief, and what is your drafting process?”
State-appeal red flags:
- Vague answers about deadlines or first steps
- Promises of a guaranteed win
- No clear explanation of what an appeal can/can’t do
- Unclear brief-writing ownership
Choosing A Federal Criminal Appeals Lawyer
Federal criminal appeals are highly technical and demand fluency in federal procedure and Circuit-level expectations. The right lawyer must be comfortable building arguments around standards of review, harmless-error analysis, and the specific tendencies of the Circuit handling the appeal.
What to prioritize in a federal criminal appeal attorney:
- Real federal appellate experience: Ask how many federal criminal appeals they’ve handled and in which Circuit(s).
- Circuit-specific strategy: Circuits can approach issues differently; a credible federal appellate lawyer adapts arguments accordingly.
- Brief-driven advocacy: Federal appeals are won on the brief. Confirm who writes and who argues if oral argument is granted.
- Procedural discipline: Ask what they do in the first week after being hired (record steps, internal deadlines, initial filings).
- Focused issue selection: Federal panels respond better to disciplined, record-supported arguments than scattershot claims.
Federal appeal questions to ask:
- “Which Circuit is this in, and how does that matter for strategy?”
- “Which issues are strongest for reversal versus unlikely to move the court?”
- “Who writes the brief and who argues?”
- “How do you handle preservation issues and harmless-error analysis?”
Federal-appeal red flags:
- Trial-only mindset (talks like you’re re-trying the case)
- No Circuit experience or unclear federal background
- Overpromising outcomes
- No clear brief workflow
- Next Steps
Appeal deadlines move fast, and the steps that help you win your criminal appeal start long before a brief is filed. Use the checklist above and bring your judgment, sentencing order, prior motions, and transcript details to any consultation.
Choosing the right appeals lawyer is about proof, not promises. The right attorney understands appellate procedure, identifies reversible error in the record, and writes briefs judges take seriously. If you are considering an appeal, a prompt, record-based evaluation is the clearest way to protect your last real opportunity for review.
Disclaimer: This is general information, not legal advice. Appeal rules and deadlines vary by court and jurisdiction.
Frequently Asked Questions
How much does a criminal appeal lawyer cost?
Costs vary widely based on the size of the trial record, the complexity of the issues, and whether the appeal is state or federal. Many criminal appeals are handled with a flat fee; some are billed hourly. Ask for a written scope that explains what’s included (record review, brief writing, oral argument if granted, and post-decision steps) and what may be separate (transcript costs, filing fees, or additional motions).
How long does a criminal appeal take?
Timelines depend on the court’s schedule, the briefing calendar, and whether oral argument is granted. Many appeals take months to over a year from the initial filing to a decision. A qualified appellate lawyer should give you a court-specific estimate after identifying the jurisdiction and current docket conditions.
What is the difference between a state appeal and a federal appeal?
A state appeal challenges a conviction from a state trial court under that state’s appellate rules. A federal appeal challenges a conviction from the U.S. District Court under federal appellate procedure and Circuit-level precedent. Both are record-based and brief-driven, but federal appeals tend to be more standardized procedurally and more dependent on Circuit-specific case law.
What are the common grounds for a criminal appeal?
Common grounds include legal errors such as improper evidentiary rulings, incorrect jury instructions, constitutional violations (for example, due process issues), prosecutorial misconduct, sentencing errors, or ineffective assistance of counsel (depending on how your jurisdiction treats those claims on direct appeal). A strong lawyer will identify which issues are preserved in the record and most viable under the standard of review.
Can I introduce new evidence on appeal?
Usually no. Most direct criminal appeals are limited to the trial record. New evidence is often handled through separate procedures (such as certain post-conviction motions or habeas-type remedies), depending on the jurisdiction. Your appellate lawyer should explain what path applies in your court.
What should I do first if I want to appeal my conviction?
Act quickly to protect your rights. The first priority is confirming the correct deadline and required initial filing for your specific court. Next, you’ll want an attorney who can obtain and review the record (transcripts, rulings, exhibits where applicable) and identify the strongest appealable issues.
How do I know if a lawyer is really an appellate specialist?
Ask what percentage of their practice is appellate work, whether they routinely write appellate briefs, and who will personally draft your brief. Request examples of published appellate decisions or writing samples (if available) and ask them to explain how they select issues and apply standards of review.
Should I hire my trial lawyer for the appeal?
Not always. Trials and appeals require different skill sets. A trial lawyer may be excellent in court but not specialized in record review and appellate brief writing. Many people choose an appellate specialist who focuses on identifying legal error, crafting persuasive briefs, and navigating procedural rules.
What are red flags when hiring a criminal appeal attorney?
Major red flags include guaranteed outcomes, vague answers about deadlines and first steps, unclear brief-writing ownership, and a trial-focused approach that ignores appellate procedure. Lack of responsiveness before you hire them is also a strong warning sign.
