How to Appeal a Verdict While Incarcerated

Appealing a verdict means asking a higher court to review the decision of a lower court. If you believe the verdict in your court case was incorrect, you may be eligible to appeal it. To appeal a verdict, learn the process first, and then follow the procedures.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Internet access
• Criminal defense attorney

Understand Your Legal Right to Appeal a Verdict

1. Understand that an appeal is not a new trial. Instead, an appeal is a review of your court case to determine if the trial court made legal errors. If errors are found, the higher court may overturn the verdict.
2. After a successful appeal, you may get a new trial and be found guilty a second time. However, you have the right to appeal the new verdict as well.
3. Winning an appeal while incarcerated does not necessarily stay your sentence. You may have to remain in prison until a new trial is set or some other action is taken.
4. Recognize that lawyers are the only parties allowed to speak at appeal hearings. Witnesses are not called. However, you are allowed to speak if you are acting as your own lawyer.
5. Look for support and read about the experiences of other inmates on the Prison Talk Web site (see Resources below).

File an Appeal While Incarcerated

6. Seek the assistance of a criminal attorney to file an appeal or obtain legal advice for filing pro se.
7. Find the contact information for the appropriate court of appeals. You may find this in the prison law library or by referring to your court documents.
8. Prepare, on your own or with the assistance of your attorney, a notice of appeal and file it with the court.
9. Expect to receive a hearing date and a schedule for filing written briefs.
10. Appeal to a higher court if your appeal isn't successful.

Tips & Warnings

• If your case is appealed and the verdict is overturned, you may be granted a new trial. Seek the advice of a criminal attorney if this occurs.
• Keep in mind that it is possible to appeal a conviction or appeal the sentence you received without contesting the conviction.