Criminal Defense · Haute Lawyer Network
What Is a Criminal Appeal?
Last reviewed: June 2026
A criminal appeal is a post-conviction challenge to a court's legal decisions — not a retrial of the facts. The appellate court reviews the trial record for legal errors that may have affected the outcome. Appeals are available after a conviction at trial (not typically after a guilty plea, especially if an appeal waiver was signed).
Common grounds for appeal include insufficient evidence to support the verdict, erroneous jury instructions, improper admission or exclusion of evidence, prosecutorial misconduct, constitutional violations, and ineffective assistance of counsel.
The standard of review varies by the type of error — some errors are reviewed de novo (the appellate court decides the question fresh), others under the more deferential abuse of discretion standard. Most evidentiary errors are subject to the harmless error standard — the court asks whether the error, beyond a reasonable doubt, did not contribute to the verdict.
Frequently Asked Questions
What is the deadline to file a criminal appeal?
Federal appeals must be filed within 14 days of judgment for criminal cases. State deadlines vary — typically 30-90 days. Missing the deadline can permanently forfeit the right to appeal.
Does filing an appeal stop the sentence from being served?
Generally no. Defendants are typically required to begin serving their sentence unless they receive a stay of execution from the court pending appeal, which is rarely granted except in extraordinary circumstances.
What is a direct appeal versus collateral attack?
A direct appeal challenges the conviction immediately after trial through the normal appellate process. A collateral attack — typically a habeas corpus petition — challenges the conviction after the direct appeal is exhausted, raising constitutional violations not apparent in the trial record.
What is the role of an appellate attorney?
Appellate attorneys review the trial record for legal errors, research applicable law, and write briefs arguing that the identified errors require reversal or a new trial. Appellate advocacy is a specialized skill distinct from trial advocacy.
What are the possible outcomes of a criminal appeal?
The conviction is affirmed (upheld), reversed outright (rare, typically for insufficient evidence), or reversed and remanded for a new trial or resentencing. An outright reversal on insufficient evidence grounds bars retrial on Double Jeopardy grounds.
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