Appeals, Appellate Courts, and Costs

What is an Appeal?

An appeal is a request from a party in a lower court proceeding to a higher (appellate) court asking the appellate court to review and change the decision of the lower court. If a defendant in a criminal case is found guilty of a charge or charges, the defendant has the right to appeal that conviction or the punishment or sentencing. It is common for convicted defendants to appeal their convictions.

The defendant in a criminal trial may appeal after she or he is convicted at trial. In fact, it is very common for convicted defendants to appeal their convictions and/or sentencing. Usually only the defendant in a criminal trial may appeal. The prosecutor may not appeal if the defendant is acquitted (found "not guilty") at trial. The prosecutor may not put the same defendant on trial for the same charge with the same evidence. This kind of retrial is known as "double jeopardy." Double jeopardy is expressly prohibited under the Fifth Amendment of the United States Constitution.

However, prior to or during a criminal trial, a prosecutor may be able to appeal certain rulings, such as when a judge has ordered that some evidence be "suppressed." Appeals that take place in the midst of a trial are called interlocutory appeals. In most cases, appeals can be very complicated; the appellate court tends to enforce technical rules for proceeding with an appeal.

In criminal cases, a federal court may review a conviction after all of the usual appeals have been exhausted. A convicted defendant may request one of these reviews in a petition for a writ of habeas corpus Latin for "you have the body." Only a very small percentage of these petitions are granted. In death penalty cases, these proceedings have become highly controversial. Since a judicial or prosecutor's error in a death penalty case has such extreme consequences, courts review petitions for writs of habeas corpus very carefully.

The procedures of appellate courts consist of the rules and practices by which appellate courts review trial court judgments. Federal appellate courts follow the Federal Rules of Appellate Procedure. State appellate courts follow their own state rules of appellate procedure. In both state and federal jurisdictions, appeals are commonly limited to "final judgments." There are exceptions to the "final judgment rule," including instances of plain or fundamental error by the trial court, questions of subject-matter jurisdiction of the trial court, or constitutional questions.

The issues under review in appellate court centers on written briefs prepared by the parties. These complex documents list the questions for the appellate court and enumerate the legal authorities and arguments in support of each party's position. Most appellate courts do not hear oral arguments unless there is a specific request by the parties. Few jurisdictions allow for oral argument as a matter of course. Where it is allowed, oral argument is intended to clarify legal issues presented in the briefs and lawyers are constrained to keep their oral presentations strictly to the issues on appeal. Ordinarily, oral arguments are subjected to a strictly enforced time limit. This time limit can be extended only upon the discretion of the court.

Where are Appeals Filed?

Usually, individuals may only file an appeal with the next higher court in the same system in which the case originated. For example, if persons want to file an appeal from a decision in a state trial court, normally they may file their appeals only to the state intermediate appellate court. The party who loses on appeal may next appeal to the next higher court in the system, usually the state supreme court. The state's highest court is almost always the final word on matters of that state's law.


Surprisingly, many appeals can be very inexpensive. If the appeal is focused on only one clearly defined issue of law, and all sides have prepared good briefs, it may cost very little to appeal. On the other hand, appeals such as claims that the verdict was against the weight of the evidence typically require both the printing of the entire trial record and extensive analysis and briefing. Such appeals are relatively expensive as they can require large amounts of lawyers' time. Additionally, they often turn out to be less successful.

Get Prepared for Your Appeal With the Help of an Attorney

If you're facing criminal charges, it doesn't hurt to look ahead at the possibility of appealing a conviction. After all, you want to understand what that would entail in your case and how much it might cost. In many situations, you could have one attorney representing you at trial and another on appeal as some attorneys specialize in criminal appeals. Contact a defense attorney today for more information.

Next Steps

Contact a qualified criminal lawyer to make sure your rights are protected.

Help Me Find a Do-It-Yourself Solution