How to Open Criminal Cases on Appeal

After the final disposition in a criminal case, the defendant has an absolute right to an appeal if convicted. The appellate process is not another chance at a trial. The appellate court will only review what happened at the trial court level to determine if the trial court committed any legal errors that had a substantial effect on the outcome of the case.

Instructions

1. Familiarize yourself with your state's rules of appellate procedure. Appellate procedure rules can be found online, at a library or at a law school library. Pay specific attention to deadlines for filing.

2. Prepare and file the notice of appeal. In most jurisdictions, this must be filed within 30 days of final disposition. In a criminal case, final disposition is usually when the defendant has been sentenced. Check with your state appellate courts for help with forms.

3. File a designation of the record you want sent up to the appellate court for the appeal. Again, there is a time frame within which this must be filed-generally shortly after the notice of appeal is filed. The designation of the record tells the trial court what records you want sent up and what hearings you want transcribed.

4. Pay the appeal bond. An appeal bond is ordered by the court as a way to assure the costs of the appeal are paid. Aside from filing fees, transcription costs can be very expensive and the appealing party is responsible for paying them. The amount of the appeal bond will vary by jurisdiction and will depend on the volume of transcripts ordered.

5. Prepare and file an appellate brief. The brief gives the appeals court a brief summary of the case and sets out the reasons you feel the lower court erred.

Tips & Warnings

• The appeals process is very formal and time-sensitive. Consider consulting with an attorney before proceeding.

References

• Fouth District Court of Appeals: Understanding the Appellate Process