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Our experienced attorneys will review your case and provide feedback on your appeal options at no cost.
All consultations are protected by attorney-client privilege. We respect your privacy and will not share your information.
A criminal defense appeal is fundamentally different from defending a case at trial. Trial lawyers primarily develop evidence, question witnesses, and present a case to a judge or jury. Appellate lawyers work principally with the existing court record, appellate rules, legal precedent, standards of review, and written advocacy.
A criminal appeals lawyer can evaluate whether an error provides a legally supportable basis for challenging a conviction, sentence, or other appealable ruling.
Brownstone Law handles criminal appellate matters involving state and federal convictions, sentencing issues, constitutional claims, evidentiary rulings, jury instructions, prosecutorial conduct, and other preserved errors that may be reviewed on appeal.
A criminal appeal lawyer reviews the lower-court proceedings to determine whether a reviewable error occurred and whether that error provides a basis for appellate relief.
Depending on the case, appellate counsel may:
For more information, read the guide: What Does An Appellate Lawyer Do?
Brownstone Law’s appellate attorneys focus on the record and the governing law rather than simply rearguing the trial.
The firm evaluates what happened, how the issue was preserved, how the appellate court is permitted to review it, why the error matters, and what remedy the court can legally provide.
That analysis guides the selection and presentation of issues throughout the appeal.
Appeal deadlines can be short, and preparation often begins before the complete transcript or appellate record is available.
Brownstone Law can conduct an initial review even when the complete appellate record has not yet been assembled.
The first priority is determining whether immediate action is required to preserve appellate rights. The firm can then identify what records are needed and evaluate the potential appellate issues as the record becomes available.
Waiting for every document before contacting appellate counsel can be risky when the notice-of-appeal deadline is already running.
Brownstone Law handles state and federal criminal appeals involving convictions, sentences, and other appealable rulings. The viability of an appeal depends not simply on the type of criminal charge, but on whether the record contains a reviewable legal, constitutional, procedural, evidentiary, or sentencing error.
Our criminal appellate attorneys review the trial and sentencing record to identify preserved issues, determine the applicable standard of review, assess whether an error could justify appellate relief, and develop the strongest arguments supported by the record and governing law.
A conviction may be challenged when the jury received an incorrect statement of the law, an important instruction was omitted, or an appropriate requested instruction was improperly denied.
Brownstone Law evaluates the proposed and final jury instructions, objections made at trial, governing precedent, and whether the instructional error could have affected the verdict.
A defendant may argue that the prosecution’s evidence was legally insufficient to establish one or more required elements of the offense.
Brownstone Law reviews the trial record under the applicable sufficiency-of-the-evidence standard and determines whether the evidence legally supports the conviction.
Criminal appeals may involve constitutional issues concerning due process, unlawful searches and seizures, self-incrimination, confrontation rights, the right to counsel, or other constitutional protections.
Brownstone Law examines the underlying motions, hearings, objections, and court rulings to determine whether a constitutional issue was preserved and can properly be presented on appeal.
Certain prosecutorial conduct may support an appellate claim when it violated governing law and satisfies the applicable preservation and prejudice requirements.
Brownstone Law evaluates the record in context, including objections, judicial rulings, closing arguments, disclosure issues, and other relevant proceedings.
A criminal sentence may be challenged when the court applied an incorrect statute or guideline, imposed an unlawful enhancement, used an incorrect legal standard, or committed another reviewable sentencing error.
Brownstone Law reviews the sentencing transcript, objections, calculations, applicable statutes or guidelines, and the court’s stated reasons for the sentence to determine whether a sentencing appeal may be warranted.
Appealable issues can also arise from suppression rulings, motions for judgment of acquittal, motions for a new trial, and other important trial-court decisions.
Brownstone Law evaluates whether the ruling is reviewable on appeal, whether the issue was properly preserved, and what relief the appellate court could provide.
Brownstone Law also represents clients in appeals arising from a range of criminal prosecutions, including:
Drug conviction appeals may involve suppression issues, evidentiary rulings, sufficiency of the evidence, conspiracy allegations, sentencing enhancements, or other reviewable errors arising from federal or state drug prosecutions.
Military criminal appeals can involve court-martial convictions, sentencing issues, evidentiary rulings, constitutional claims, and other matters reviewable through the military appellate system.
RICO appeals may involve questions concerning the alleged enterprise, predicate offenses, conspiracy liability, jury instructions, evidentiary rulings, statutory interpretation, and sentencing.
Healthcare fraud appeals may involve Medicare or Medicaid fraud convictions, evidentiary disputes, intent requirements, sentencing calculations, loss amounts, and other federal appellate issues.
Securities fraud appeals can involve challenges to evidentiary rulings, jury instructions, statutory interpretation, sufficiency of the evidence, loss calculations, and sentencing decisions.
Medical marijuana-related appeals may involve state or federal criminal convictions, evidentiary and constitutional issues, statutory interpretation, sentencing matters, or other appealable rulings.
Brownstone Law handles appeals involving white-collar convictions such as fraud, financial crimes, public corruption, and related federal offenses. These appeals can involve complex records, statutory interpretation, evidentiary issues, sentencing calculations, and constitutional claims.
NOTE – Brownstone Law also assists with pardon and clemency matters for qualifying clients seeking executive relief after conviction. Unlike a criminal appeal, which asks a court to review legal error, clemency is an executive remedy that may include a pardon or commutation.
A criminal appeal generally begins by filing a notice of appeal within the deadline set by the court that has jurisdiction over the case. In a federal criminal case, a defendant generally has 14 days after the later of entry of the judgment or order being appealed or the government’s notice of appeal, although certain motions and limited extensions can affect that deadline. State appeal deadlines vary by jurisdiction.
Here is how Brownstone Law helps clients move through the criminal appeal process from filing through briefing and oral argument.
The first step is identifying the judgment or ruling being challenged, the court that has jurisdiction over the appeal, and the applicable filing deadline.
The attorneys also review whether any post-trial motion affects the deadline and what must be filed to preserve the client’s right to appellate review.
The notice of appeal formally begins the appellate process. It must comply with the procedural requirements of the relevant court and be filed within the applicable deadline.
Once the appeal is initiated, the focus shifts to obtaining and reviewing the record from the lower-court proceedings.
The appellate team reviews transcripts, motions, objections, exhibits, rulings, sentencing materials, and other relevant parts of the record to determine which issues can properly be raised.
Rather than including every possible argument, the appeal is developed around issues that are reviewable, supported by the record, grounded in governing law, and capable of supporting meaningful appellate relief.
The appellate brief explains what error occurred, where it appears in the record, which law governs the issue, what standard of review applies, and why the appellate court should grant relief.
After the prosecution files its response, the defense may also file a reply brief addressing the opposing arguments when permitted by the court.
Not every criminal appeal includes oral argument. Many appeals are decided on the written briefs and record alone.
If oral argument is scheduled, preparation focuses on the issues most likely to concern the appellate judges, including difficult precedent, weaknesses in the opposing position, questions about the record, the applicable standard of review, and the specific remedy being requested.
The filing of the notice of appeal is therefore only the first step. A criminal appeal ultimately depends on careful record review, focused issue selection, persuasive briefing, and effective appellate advocacy throughout the process.
We focus only on appeals, which means we know how to find legal mistakes in trial cases. Our team is experienced in handling complex criminal appeals in both state and federal courts.
Clients trust us because of our deep knowledge of the appeals process. We carefully build strong arguments that give you the best chance at winning your appeal.
Every case is different. We create custom strategies for each client, using creative legal approaches to challenge unfair rulings.
We care about getting your results. Our goal is to overturn wrongful convictions, reduce sentences, and protect your future.
Brownstone Law’s appellate practice is led by Robert L. Sirianni Jr., whose practice focuses on federal and state appeals, writs, petitions, constitutional matters, and related appellate proceedings.
His background includes service as a prosecutor and experience as a law clerk with the U.S. Department of Justice’s Office of the Solicitor General, including work involving appellate matters before the U.S. Supreme Court.
This appellate-focused background informs Brownstone Law’s approach to record review, legal research, brief writing, oral argument, and appellate strategy.
Contact Criminal Appellate Lawyer Experts
If you’re considering an appeal, don’t wait. Our experienced criminal defense appellate attorneys are ready to fight for your rights.
A criminal appeal is a legal process in which a defendant asks a higher court to review a conviction, sentence, or other appealable ruling for legal error.
The appellate court does not retry the case or hear the evidence again from the beginning. Instead, it reviews the existing court record, the parties’ legal arguments, and the rulings made by the lower court to determine whether an error occurred and whether that error affected the conviction or sentence.
Depending on the issue and applicable law, the appellate court may:
The key question in a criminal appeal is therefore not simply whether the defendant disagrees with the outcome, but whether a reviewable legal, constitutional, procedural, evidentiary, or sentencing error provides a basis for appellate relief.
Common grounds for appealing a criminal conviction include legal errors, constitutional violations, evidentiary mistakes, improper jury instructions, insufficient evidence, prosecutorial misconduct, sentencing errors, and certain incorrect pretrial or post-trial rulings.
A criminal appeal is not based simply on disagreement with the verdict. The appellant generally must identify a reviewable error in the record and show why that error matters under the applicable standard of review.
Common grounds may include:
If you win a criminal appeal, the appellate court may reverse or vacate the conviction, order a new trial, require resentencing, modify part of the judgment, or send the case back to the lower court for further proceedings.
Winning an appeal does not always mean the case is dismissed or that the defendant is immediately released. The result depends on the legal issue that succeeded and the remedy the appellate court is authorized to provide.
For example, a sentencing error may result in resentencing, while a reversible trial error may lead to a new trial. In other cases, the appellate court may vacate part of the judgment and remand the case so the lower court can reconsider the issue under the correct legal standard.
The practical effect of a successful criminal appeal therefore depends on what error the appellate court found and what relief it ordered.
Generally, no. Once a defendant has been acquitted through a not guilty verdict, the Double Jeopardy Clause usually prevents the prosecution from appealing if a successful appeal would require the defendant to face another trial for the same offense.
There are limited situations in which prosecutors may appeal a ruling that favors the defendant without violating double jeopardy. For example, if a jury returns a guilty verdict and a judge later sets that verdict aside, the prosecution may sometimes appeal because a successful appeal could restore the guilty verdict without requiring a second trial.
The key issue is whether the ruling is a true acquittal and whether an appeal would expose the defendant to another prosecution for the same offense. A final acquittal generally cannot be appealed simply because prosecutors disagree with the result.
Sometimes, but it depends on the jurisdiction, the procedural history of the case, and why the ordinary appeal deadline was missed.
A direct criminal appeal normally must be filed within a relatively short period after the judgment or sentence. If that deadline expired years ago, a defendant generally cannot simply file a normal appeal as though the deadline were still open.
However, limited options may still exist. Some courts allow an out-of-time or delayed appeal in specific circumstances, such as when a defendant was improperly denied the right to appeal or counsel failed to file a requested notice of appeal. A defendant may also have separate post-conviction remedies for certain constitutional violations, ineffective assistance claims, newly discovered evidence, or other issues that cannot be addressed through an ordinary direct appeal.
Post-conviction relief, habeas proceedings, motions for a new trial, and clemency are different from a direct criminal appeal, and each has its own deadlines and legal requirements.
Anyone seeking to challenge a conviction years later should therefore have the judgment, prior appeals, filing history, and reason for the delay reviewed to determine whether any appellate or post-conviction remedy remains available.
The duration of a criminal appeal can vary depending on the complexity of the case and the specific appellate court. It generally takes several months to over a year to reach a final decision. This time includes preparation of briefs, scheduling oral arguments, and the court’s deliberation. Some cases may take longer if new evidence or extensive legal issues are involved.
Yes, you can appeal a case even if you pleaded guilty, but there are limitations. Common grounds for appealing a guilty plea include:
If your appeal is denied, you have a few options, such as:
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