How to Appeal a Conviction

You will still serve your sentence until the courts decide otherwise.

As a citizen of the United States, it is your constitutional right to have due process of law and a fair trial. If you suspect your conviction was the result of an unfair trial, you have a right to appeal your conviction with the courts. If it is found during the appellate investigation that errors did occur, you may be entitled to a lesser sentence or in rare cases a new trial, if you so demand it.

Things You'll Need

• Notice of appeal
• Copy of court transcript or audio/video tape
• Envelope
• Fees

Instructions

1. 

   You should provide the prosecutor with a copy of any evidence you collect.

   Obtain a notice of appeal form from the court or ask your attorney to obtain one for you. Complete the form and make two copies of the form. Return two of the completed copies of the form to the court that heard your case and decided your sentence. Deliver or mail the third copy to the prosecuting attorney.

2. 

   Court reporters document all that is said at a trial.

   Request a copy of the transcript made at your trial. If the trial was taped by audio or video, request a copy of the tapes from the court. Pay for the transcripts you requested and send the transcript to the court as evidence for your case.

3. 

   The investigation will be thorough to ensure you receive fair treatment.

   Wait for the city court to file a return on appeal and wait for the court to complete the appellate investigation. Check your mail for the court's decision on your appeal.

Tips & Warnings

• It is recommended you send the notice to appeal by certified mail, to ensure the documents arrived at the location in a timely manner.

• Make sure all your information is up to date, as the final decision will be sent to the address the court has on record.

• You must have the date of the trial to obtain the correct tapes, either audio or video.

• The court will not provide you with a copy of the transcript. If you want one for your own records and defense, you must pay for a second copy.

• The transcript office may require a deposit to begin copying and will not release the copy until the balance is paid in full.

• If you win your appeal, it is still possible for the prosecuting attorney to appeal your appeal.

References

• Expert Law: Appealing a Criminal Conviction ; Aaron Larson; 2000
• New York State Courts: Steps for Proceeding With a Criminal Appeal; New York State Courts; 2011
• Shouse Law: How to Appeal a California Criminal Conviction; Shouse Law Group; 2010