Number of Appeals Overview
Generally, the final judgment of a lower court, usually the trial court, can be appealed to the next higher court one time only. Thus, the total number of appeals depends on how many courts are "superior" to the court that made the contested decision, and sometimes what the next higher court decides the appeal's basis. Remember, the first appeal is known as an "appeal as of right," and you are entitled to the assistance of an attorney.
In states with large populations, it is common to find three or even four levels of courts, while in less populous states there may be only two. There are important differences in the rules, time limits, costs, and procedures depending on whether the case is in Federal court or state court. Also, each state has different rules. Finally, even within a single state one may find that different rules for appeals depend on the court in which the case originated.
Below, you will find more relevant information about the number of criminal appeals to which you are entitled and steps to file your appeal. Keep in mind, the appeals process is state-specific and you would be wise to consult an attorney to learn more about filing procedures and more.
Steps in Filing Your (Timely) Appeal: File the Notice of Appeal
The filing process involves two important actions: filing the "notice of appeal" and then finally the actual appellate brief with the court. First, let's talk about filing a notice of appeal. The notice of appeal is simply that -- a notice to the court that you are appealing your case. Your attorney sends the it to the court that entered the judgment against you. The notice of appeal is a short document, usually not more than a page or two long.
An appellate court cannot adjudicate a case if the notice is not properly filed in a timely manner. The notice must be filed within a definite time, usually 30 days in civil appeals and 10 days in criminal appeals. The period within which to file usually starts on the date a final judgment in the lower court is filed.
File the Appeal
The next big step in the appeals process is to actually file your appellate brief with the court. The appellate brief will usually be a lengthy document written by your attorney. It will state all the reasons why the lower court's ruling was wrong, and also cite to the trial transcript as evidence of the error.
If you find that you still have questions after reading this article, check out the links below to conduct your own research:
Get a Free Legal Review Of Your Case and Potential Appeal
While you're entitled to appeal the judgment in your case, failing to do so in the right way and at the right time can determine whether your appeal will actually be heard. Thankfully, you don't need to go through this process on your own. Instead, you can rely on the experience of a criminal defense attorney. You can contact one in your area today, including one that specializes in criminal appeals, and arrange for a free evaluation of your case.