How to Appeal a Criminal Trial

Under United States law, all persons whose criminal trials contravened due process regulations are entitled to appeals. An appeal differs considerably from a retrial, though: in the former, the court record is closely examined by an arbitrator to determine to due process was violated, whereas a brand-new full trial is held in the case of the latter.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Criminal lawyer

1. Look for evidence of court errors that led to the conviction of the defendant in the criminal trial. For example, if a judge permitted testimony that should have been disallowed and it proved highly damaging to the defendant, this makes strong grounds for an appeal.
2. Review the court record and identify specific places where the legal guarantee of lawful court proceedings was not followed. Your lawyer has the knowledge and expertise required to identify these, though it's always a good idea to know your own rights whenever you're accused of a crime for which you'll have to stand trial.
3. Learn the appeals process. In the majority of states, an appeal is sent to an appellate court that has more authority than the court that conducted your trial. The court record is then reviewed by a judge who acts as an arbitrator, determining whether or not your rights were violated during your trial.
4. Appeal the appeal, if you have grounds to believe that your due process rights were violated but the appellate court upheld the legality of your trial anyway. This step simply involves repeating the process, but taking your appeal to an even higher appellate court than the one that rejected your appeal in the first place.
5. Choose to appeal your sentence but not your conviction, if you and your lawyer feel that an unfairly harsh sentence was imposed upon you when you were found guilty. Again, appealing your sentence involves submitting the details of your court record to an appellate court, which will determine whether or not the sentencing judge handed down an unfair punishment.

Tips & Warnings

• Your right to an appeal is guaranteed by U.S. law. Your lawyer should pursue this option if there's any reason at all to believe that your trial may have been conducted unfairly.
• The American Civil Liberties Union has a great deal of resources available to people who want to ensure they receive due process under the law (see Resources below).
• Prosecutors are not allowed to appeal an acquittal. However, they may act before a verdict is delivered, allowing the court record to be submitted to an appellate court for review. If the higher court determines the trial was conducted unfairly, steps will then be taken to retry the case.