How to File a Criminal Appeal

If you or your client has been sentenced unfairly by a criminal law judge, you will have a chance to appeal. Filing an appeal quickly and properly will prevent you or your client from serving more jail time than necessary.

Instructions

Difficulty: Easy

Things You’ll Need:

• Notice of appeal
• Filing fees

1. Obtain a notice of appeal form. You can get this form from the court, on the court's website or at a copy shop or office supply store. If you haven't filled out an appeal form before, consider buying two in case you make a mistake.
2. Fill out your notice of appeal form and file it within 10 days of the judgment in your criminal case. Make sure to fill out the notice of appeal form in full. If you do not know the answer to a question, ask someone else to look at it.
3. Pay the appeal fees to the court clerk when you file the notice of appeal. You will likely pay a large docket fee and a small processing fee. Call the court ahead of time to find out what methods of payment are available.
4. File a motion within 7 days of filing your notice of appeal. The motion should relay the reasons for appealing a criminal case. The motion also should indicate if you are a new attorney on the case or if you are acting pro se.
5. Get a court date. If you have not received a court date by mail within a few days of filing your appeal, call the court and inquire about your pending hearing date. At that time, make sure you have filed all applicable forms.

Tips & Warnings

• If your client isn't able to pay the fees, be sure to ask for a fee waiver form. Fill it out and hand it into the court when you file your notice of appeal form.
• When a case goes on appeal, trial counsel is responsible for representing the defendant until the appeal process formally begins or until the defendant finds a new attorney. Be sure you are prepared to set up motion dates and file forms if your client opts for a new attorney.
• Keep your client in the loop. The more you tell your client about what is going on with the appeal process, the more likely he will feel calm and prepared for his second "day in court."
• Don't file your appeal more than 10 days later without permission! A district court judge is the only person who can give you an extension on the notice.