ABA Family Legal Guide

Criminal Justice

Court Procedures

Appeals of Criminal Cases

May I appeal my conviction?

A person convicted at a trial has the right to appeal the conviction at least once. Appeal is not a right under the federal Constitution, but all jurisdictions permit all those who are convicted to make one appeal. Also, the federal Constitution has been interpreted by the U.S. Supreme Court to guarantee counsel for all indigent persons for that appeal.

On appeal, the defendant can raise claims that mistakes were made in applying and interpreting the law during the trial. For example, the defendant might claim that the judge erroneously admitted hearsay testimony, gave improper jury instructions, should not have permitted the prosecution to use evidence obtained in violation of the defendant's constitutional rights, or permitted the prosecution to make improper closing arguments. There are very few grounds for appeal if the defendant pleaded guilty. If the appellate court agrees that there were significant errors in the trial, the defendant will get a new trial.

There is one ground of reversal that leads to the defendant being freed and bars retrial; that occurs if the court finds that at the trial, the government failed to prove all of the elements of the offense beyond a reasonable doubt.