Key Takeaways:
- Timeliness is Essential: File the Notice of Appeal within 30 to 60 days to retain your right to appeal. Missing this deadline forfeits the opportunity.
- Grounds for Appeal: Appeals focus on proving legal errors like ineffective counsel, procedural mistakes, or prosecutorial misconduct, not re-litigating case facts.
- An intense appellate brief is crucial, as it clearly outlines legal errors and applies the law to trial facts, supported by relevant case law.
- Oral Arguments Clarify Complex Issues: If granted, oral arguments allow you to address judges’ concerns, but are not for restating your brief.
- Low Success Rate: Only 4-10% of criminal appeals result in a reversal, emphasizing the importance of proving significant legal errors that impacted the trial’s outcome.
Winning a criminal appeal is a challenging and complex process, as the system is designed to uphold trial court decisions unless a significant legal error is present. U.S. Justice Department statistics indicate that federal criminal appeals are successful only about 11.9% of the time, while state-level appeals have a slightly higher success rate, at around 15%. This reflects several obstacles:
- Appellate courts defer to trial courts, especially on factual matters.
- Legal errors must be preserved and clearly shown during the trial.
- The appellate process is limited to the trial record, with no new evidence allowed.
- Strict procedural compliance and precise legal arguments are required.
With these challenges in mind, while the odds may be against you, they don’t guarantee failure. A well-prepared and strategic appeal can increase your chances of success.
Here are seven crucial steps that can help improve your odds of winning a criminal appeal.
What Is a Criminal Appeal?
A criminal appeal is a request made to a higher court to review the legal correctness of a trial court’s decision. The appellate court does not reexamine evidence or hear new witnesses. Instead, it reviews the original trial record, looking for significant legal errors that may have influenced the outcome of the case.
An appeal can lead to:
- Reversal of a conviction
- Modification of a sentence
- Remand for a new trial
- Denial of the appeal, upholding the original conviction
Having the guidance of a skilled criminal appeal lawyer ensures that all deadlines, records, and arguments are handled correctly to maximize the chances of success.
Criminal Appeal Process Stages
Step 1: File a Notice of Appeal (ASAP)
The first, and perhaps the most important step, is to file a notice of appeal within 30 to 60 days after the final hearing because failing to adhere to this strict deadline will result in you losing your right to appeal, regardless of how strong your case might be.
What exactly is a Notice of Appeal?
It is a formal, written document that informs the court (and involved parties) about your intention to appeal the judgment.
Key tips:
- Retain experienced appellate counsel immediately after conviction or sentencing.
- Ensure all trial transcripts and case records are preserved
Step 2: Assemble the Appellate Record
Now that you are done with filing the notice, the court will begin compiling the Appellate Record, which is a collection of all documents, transcripts, and evidence from your original trial. The record includes:
- The trial transcripts (verbatim record of everything said in court).
- All motions, orders, and filings.
- Both the prosecution and defense presented the evidence.
This record is the only material the appellate court will review. It is crucial because the appellate court cannot consider any evidence that was not presented during the trial.
Step 3: Identify the Grounds for Appeal
A criminal appeal is not only about revising the facts of the case. It’s about demonstrating that a legal error was made, which results in an unfair outcome. The most common grounds for appeal include:
- Ineffective Assistance of Counsel: Your trial attorney failed to provide competent legal representation, which significantly impacted the outcome of your trial. Examples include failing to call a key witness, neglecting to challenge crucial evidence, or giving improper legal advice.
- Procedural or Evidentiary Errors: The trial judge made a mistake in admitting or excluding evidence, giving incorrect jury instructions, or making other errors that affected the trial.
- Illegal Act: The prosecutor engaged in an illegal act, such as
- Introducing false evidence
- Making provocative remarks.
- Improper Sentencing: The court’s sentence was based on a misapplication of the law.
Step 4: Understanding the Standards of Review
Appellate judges use different standards of review to evaluate claimed errors. Knowing these standards helps tailor compelling arguments:
| Standard of Review | What It Means | What Appellate Court Looks For |
|---|---|---|
| De Novo | No deference to the trial court's ruling | Correctness of legal interpretation or procedure |
| Abuse of Discretion | Deference to the trial court | Whether the trial court's decision was reasonable |
| Clearly Erroneous | Deference but reversible if clearly wrong | Fact findings supported by evidence |
Most appealable errors involve legal questions that are subject to de novo review, thereby increasing the chances of reversal if errors are proven.
Step 5: Present Verbal Arguments
In some cases, many appellate courts may schedule a verbal argument, which limits the chances of both sides to present their arguments directly to a panel of judges. Verbal arguments are not a forum for re-stating the brief; they are an opportunity to clarify complex legal points and address the judges’ concerns.
Step 6: Wait for the Court’s Decision
After the verbal arguments or briefs have been submitted, the court will take the case under advisement. There is no set time for a decision, and it can take several months. The court will issue a written opinion explaining its decision.
Step 7: Understand the Possible Outcomes of an Appeal
When filing a case, you should know that an appeal can have many possible outcomes:
- Affirmation: It is the most common outcome, which means the appellate court agrees with the trial court’s decision, and the conviction stands.
- Reversal: The appellate court reversed the conviction. This decision may lead to the charges being dropped or a new trial being ordered.
- Remand: The case is sent back to the lower court for particular action, such as a new sentencing hearing
Bottom Line
Winning a criminal appeal can be a challenging task. However, by following the seven steps mentioned above, you can increase your chances of success. From reversal of a wrongful conviction or a favorable ruling, careful preparation, and expert legal counsel. These steps are the right approach to go through the complexities of the criminal appeals process.
FAQs
What percentage of criminal appeals are successful?
The chances of winning an appeal are relatively low. Statistics from the U.S. Courts indicate that only about 4-10% of all criminal appeals result in a complete reversal.
Why do criminal appeals rarely succeed?
Criminal appeals rarely succeed because they focus on proving legal errors, not factual disagreements. Successful appeals must demonstrate significant legal mistakes that impacted the trial outcome. Additionally, many appeals are denied due to procedural errors, like missing deadlines or failing to follow court rules.
What are substantial grounds for appeal?
They are legal errors that, if corrected, could have resulted in a different verdict. You must show not only that an error occurred, but that it was a significant error that "materially affected the outcome."
Check Also: What Is Habeas Corpus? Why Is It Important?
