How to Appeal a Criminal Conviction in the United States

When a court has convicted an offender, the next thing to do is sentence the offender. However, the case has not ended. The criminal defendant can move ahead and appeal the case at an appellate court to challenge the lower court’s decision if the defendant has enough evidence. The appellate court can change the initial lower court’s decision if it grants the hearing. Also, it can only change part of the decision depending on the case. In contrast, the decision of the lower court remains valid.

The Right to Appeal

In a situation where the criminal conviction arises from the defendant’s guilty plea, then the defendant doesn’t have automatic access. However, suppose the sentence comes from a judge or jury at the trial. Thus, the defendant can completely appeal their sentence. In many jurisdictions, except the highest court permits the criminal defendant, the case won’t be heard. 

 

On What Grounds Can a Defendant Appeal a Case?

A defendant can move for an appeal where there are legal errors and other legal deficiencies. The legal errors may come from improperly admitted evidence, wrong jury instructions, or inadequate evidence to support guilty evidence. The appellate court will ascertain that these errors affected the case’s outcome before granting the appeal. However, suppose they discover that errors would not have affected the verdict.

Also, you can appeal a criminal conviction if you believe that the judge didn’t properly conduct itself during deliberations or the trial. Some of the jury’s misconduct may include experiments, alcohol, drugs during reviews. You have the right to appeal your criminal conviction if you feel that you have not been properly and adequately represented during the trial. 

Process of Appellate Review

When a state court convicts a criminal defendant, the defendant goes to an intermediate-level state appellate court. From there, the defendant can go to the state’s highest court if the defendant doesn’t get favor at the intermediate court. Instead, the high court does thorough reviews of the lower court’s decision to know whether the defendant has enough grounds to deserve the process.