How to Open Criminal Cases on Appeal

After a trial is completed and a defendant is found guilty they have every right to appeal the jury and the court’s decision. It is important to remember though that an appeal is not another chance at a trial. In reality the appellate process is a review to determine if any legal errors were committed that might have changed the outcome of the trial.  

• Study your states appellate procedures, as these will vary from state to state. You can find these online or at the library. Make sure to pay special attention to deadlines for filing.


• Check with your states appellate court for help with the forms you have to fill out then prepare and file the notice of appeal. These must be filed within 30 days of the defendant’s sentencing.


• File a designation of the record you want sent up for appeal. Again, be sure that you look for the deadlines and how long you have to get this part of the process done. This designation tells the courts what records you want sent up and what hearings you want to be transcribed.


• Pay the fee for the appeal bond. The court orders an appeal bond and the person appealing has to pay it because it can get costly.


• Prepare your appellate brief and then file it. The appellate brief gives a brief description of your case, tells what happened and lets the courts know why you are filing the appeal and what you think the lower court did wrong to make you appeal their decision.


• Wait for a response from the appellate court to your motion.