The Criminal Appeal Process: Understanding Your Rights After a Conviction

The moment you’re convicted, it can feel like the door has slammed shut. But in many cases, you still have options—starting with a criminal appeal. An appeal isn’t a second trial. It’s a request for a higher court to review what happened and decide whether legal errors affected the verdict or sentence. United States Courts

At the Law Offices of Geoffry M. Dunn, LLC, we often hear the same questions right after a conviction: “Do I have any rights left?” “How long do I have to file?” “What can an appeal actually change?” Below is a plain-English walkthrough of the appeal process and the rights you should protect.

What an appeal is (and what it isn’t)

A direct appeal focuses on legal mistakes—not on re-trying the facts. Most appeals are decided from the existing record (court filings + transcripts), with arguments presented mainly through written briefs reviewed by an appellate panel. United States Courts+1

That’s why “new evidence” usually isn’t the centerpiece of a direct appeal. If your case depends on evidence that wasn’t available at trial, you may need a different remedy (often called post-conviction relief) in addition to—or instead of—a direct appeal.

Step 1: Deadlines come fast—don’t wait

Appeals are deadline-driven. Miss the filing window and you can lose the right to have the conviction reviewed at all.

In federal criminal cases, the defendant generally must file a notice of appeal within 14 days after entry of judgment (and certain post-trial motions can affect that timeline). State deadlines vary, so you should confirm the exact rule that applies to your court as soon as possible.

Step 2: File the Notice of Appeal

The notice of appeal is the document that starts the case in the appellate court. It doesn’t include your full argument. It preserves your right to appeal and triggers the next steps—like compiling the official record.

Step 3: Build the record and order transcripts

Because appeals rely on what’s already in the record, transcripts matter. If the judge made a harmful ruling during a hearing, the appellate court needs the transcript to evaluate it.

Courts also recognize that people shouldn’t be blocked from meaningful appellate review just because they can’t afford the paperwork needed to appeal. The U.S. Supreme Court has held that states must not structure appeals in a way that effectively denies review to indigent defendants who need transcripts to pursue an appeal.

Step 4: Identify strong issues to raise

The best appellate issues are usually clear legal errors that likely affected the outcome. Common categories include:

• Evidence problems (wrongfully admitted or excluded)
• Improper jury instructions
• Prosecutorial misconduct
• Constitutional violations (search/seizure, confrontation, due process)
• Sentencing errors (misapplied rules, unlawful enhancements, illegal terms)

One key concept is preservation: if trial counsel didn’t object at the right time, the appellate court may apply a tougher standard of review. That doesn’t always end the case, but it can change how hard it is to win.

What about ineffective assistance of counsel?

Some cases involve ineffective assistance claims. When courts evaluate those claims, they often apply the two-part standard requiring (1) objectively deficient performance and (2) resulting prejudice—meaning a reasonable probability the outcome would have been different without the errors.

Whether that argument belongs in a direct appeal or a post-conviction filing depends on your jurisdiction and on whether the necessary facts are already in the record.

Step 5: Briefing—your written argument to the court

The appellate brief is the heart of the appeal. It typically includes:

• The procedural history and relevant facts (with citations to the record)
• The legal standards (the “standard of review”)
• The specific errors you’re claiming
• Why those errors require a remedy (new trial, resentencing, reversal)

The government responds with its own brief, and you may file a reply.

Step 6: Oral argument (sometimes)

Some appeals are decided “on the papers,” while others get oral argument. If the court schedules argument, it’s usually short and question-driven. The focus is on clarifying key points, not introducing brand-new issues.

Step 7: The decision—possible outcomes

An appellate court can:

• Affirm (conviction/sentence stands)
• Reverse (conviction overturned—sometimes leading to dismissal or a new trial)
• Vacate and remand (send the case back for a new proceeding, often resentencing)
• Modify (adjust part of the judgment in limited situations)

Even when the conviction is affirmed, an appeal can still clarify what options remain and what issues can be raised in later proceedings.

Your rights after conviction: what to protect immediately

Here are the practical “do this now” items that protect your appeal:

1. Protect your deadline. Even a strong case can be lost by a late filing.
2. Protect your right to counsel for the first appeal in many situations. The Supreme Court has recognized the importance of counsel for an indigent defendant’s first appeal as of right.
3. Protect the record. Ask early about transcripts and what’s needed to complete the record.
4. Protect your issue selection. Focus on the strongest legal errors that affected the outcome, and avoid “throw everything in” briefing that dilutes credibility.

How long does an appeal take?

It depends. Transcript preparation, briefing schedules, the court’s calendar, and whether oral argument is granted can all affect timing. What doesn’t change is this: the earlier you start, the more control you have.

Talk to an appellate attorney about your next move

A conviction is serious—but it’s not always the end of the story. A well-built appeal starts with a careful review of the record, the legal issues, and the deadlines that apply to your case.

If you want help evaluating your options, contact the Law Offices of Geoffry M. Dunn, LLC.