Criminal Appeals

The short version

If you are convicted of a crime, you might be able to challenge that conviction or sentence through an appeal. An appeal asks a higher court to review decisions made by the trial court. This process is important because it allows for a check on whether legal mistakes were made that affected your case.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

• 28 U.S.C. § 2255(a)

  This law allows a federal prisoner to challenge their sentence if it was imposed in violation of the U.S. Constitution or laws, if the court lacked jurisdiction, if the sentence was longer than allowed by law, or if there was an error that led to a complete failure of justice.

  Why it matters: This is the main way federal prisoners can ask a court to correct serious errors in their conviction or sentence after their direct appeal is over.

• Fed. R. App. P. 3(a)(1)

  This rule states that an appeal from a district court to a court of appeals is started by filing a 'notice of appeal' with the district clerk.

  Why it matters: This rule tells you the first critical step you must take to start a federal appeal and where to file the necessary paperwork.

• Fed. R. App. P. 4(b)(1)(A)

  In a criminal case, if the United States or its officer or agency is a party, the notice of appeal must be filed within 14 days after the judgment or order appealed from is entered, or after the notice of appeal is filed by the Government.

  Why it matters: This rule sets a strict time limit for when you must file your appeal in federal criminal cases, and missing it can mean you lose your right to appeal.

• Fed. R. App. P. 31(a)(1)

  This rule requires the appellant (the person bringing the appeal) to file a brief, which is a written argument explaining why the trial court made a mistake.

  Why it matters: This shows that simply filing an appeal is not enough; you must also provide a detailed legal argument to the appeals court.

Words you need to know

Appeal

A request made to a higher court to review a decision made by a lower court. It is not a new trial.

Appellant

The person who is asking the higher court to review the lower court's decision, often the person convicted.

Appellate Court

A higher court that reviews decisions of lower courts. It does not hear new evidence or testimony.

Notice of Appeal

A short written document filed with the trial court clerk to officially start the appeal process. (Fed. R. App. P. 3(a)(1))

Appellate Brief

A written legal argument filed by each side with the appellate court, explaining why the trial court's decision should be overturned or upheld. (Fed. R. App. P. 31(a)(1))

Grounds for Appeal

Specific legal errors made by the trial court that you argue led to an unfair conviction or sentence. Appeals are not about simply disagreeing with the verdict.

Habeas Corpus / Section 2255 Motion

A legal action, often filed after a direct appeal, by which a person challenges the legality of their detention or conviction, usually for constitutional violations. (28 U.S.C. § 2255)

Your rights

• ✓You have the right to appeal a criminal conviction or sentence in most cases.
• ✓You have the right to have a lawyer appointed for your first appeal if you cannot afford one.
• ✓You have the right to challenge your conviction or sentence if it violates the U.S. Constitution or federal laws. (28 U.S.C. § 2255(a))
• ✓You have the right to file legal papers, such as a notice of appeal, to start the appellate process. (Fed. R. App. P. 3(a)(1))
• ✓You have the right to submit a written argument (appellate brief) explaining why the trial court made errors. (Fed. R. App. P. 31(a)(1))

How the process actually works

1. 1
   Conviction and Sentencing

   After your trial ends.

   First, you are found guilty and the trial court issues a judgment and sentence. This is the decision you want to appeal.

2. 2
   File Notice of Appeal

   Within 14 days after the judgment is entered in federal court. (Fed. R. App. P. 4(b)(1)(A))

   You must file a 'notice of appeal' with the clerk of the trial court. This is a short document that tells the court you intend to appeal. (Fed. R. App. P. 3(a)(1))

3. 3
   Prepare the Record

   After the notice of appeal is filed, typically weeks or months.

   The court reporter and clerk will prepare all the documents and transcripts from your trial. This becomes the 'record' that the appeals court will review.

4. 4
   Write and File Briefs

   Briefs are due according to a schedule set by the appellate court, usually several months after the record is prepared.

   You (or your lawyer) will write an 'appellate brief' arguing why the trial court made legal errors. The government then files its own brief arguing the conviction should stand. (Fed. R. App. P. 31(a)(1))

5. 5
   Oral Argument (Sometimes)

   If scheduled, this happens after briefs are filed, typically many months after the notice of appeal.

   Sometimes, lawyers for both sides will argue the case in front of a panel of appellate judges. The judges will ask questions.

6. 6
   Decision by Appellate Court

   Can take several months to over a year after oral argument or brief submission.

   The appellate court will issue a written decision. They can affirm (uphold) your conviction, reverse it, or send the case back to the trial court for further action.

Deadlines that can end your case

• Notice of Appeal (Federal)
  14 days

  In a federal criminal case, you must file your notice of appeal within 14 days after the judgment or order you are appealing is entered. Missing this deadline usually means you lose your right to a direct appeal. (Fed. R. App. P. 4(b)(1)(A))

• Section 2255 Motion (Federal)
  1 year

  A motion under 28 U.S.C. § 2255 generally must be filed within one year from the date your conviction becomes final (usually after your direct appeals are over). There are very limited exceptions. Missing this can permanently bar your claim.

• Appellate Briefs
  Varies by court schedule

  The appellate court will set specific due dates for filing your written arguments. Failing to meet these can lead to your appeal being dismissed or not considered.

Common questions

How this changes by state

Criminal appeal rules and processes can differ significantly between states. While federal appeals follow the Federal Rules of Appellate Procedure (Fed. R. App. P.), each state has its own set of rules of procedure and statutes governing appeals. For example, the deadline to file a notice of appeal might be 30 days in some states, compared to 14 days in federal court. States also have different rules for post-conviction relief actions, which are similar to federal 28 U.S.C. § 2255 motions. To find your state's specific rules, you would look up your state's rules of appellate procedure or consult a lawyer practicing in that state.

When you need a lawyer

You should seek a lawyer as soon as you are convicted and sentenced, especially if you are considering an appeal. The deadlines are very strict, and the legal arguments are complex. A lawyer specializing in appeals can identify the strongest legal issues, properly file all necessary documents, and represent you effectively before the appellate court.

Do this today

• →If you or someone you know has been convicted, immediately consult with an attorney experienced in criminal appeals.
• →Gather all documents related to the trial, including the judgment and sentencing order, for your attorney.
• →Do not miss any deadlines, especially the deadline for filing a notice of appeal.
• →Understand that an appeal focuses on legal errors, not relitigating facts.