SHOULD I APPEAL MY CONVICTION

If you have a trial and don’t like the outcome, can you appeal it and try and get a better result?  The short answer is no? You can’t appeal your case just because you don’t like the result. That is not how appeals work in criminal cases. However, having said that, anyone found guilty after a jury verdict has an automatic right to appeal that conviction.  I’ll provide you with a very brief explanation of the appeals process.

OK Lets get started.  You can always appeal you conviction. And in a criminal case you don’t even have to hire a lawyer. The court will appoint a lawyer for you on appeal if you can’t afford one.

Is an Appeal Really Going to Make a Difference?

But if you appeal your case in the hopes of getting a better outcome or result than you did at the trial court level. You will be disappointed. That is not what the appeals court does.  The appeals court is not going to review the result of your case and determine whether you got a square deal and then change it if you didn’t.

What does the Appeals Court look at on Appeal?

The primary purpose of an appeal is to correct legal errors that may have occurred during the trial or sentencing. It is not a new trial and does not involve presenting new evidence. Instead, the appellate court examines the record of the lower court proceedings to determine if legal mistakes were made that could have affected the outcome of your case.

Did the trial court make any mistakes that affected your substantial rights? And if so were those mistakes so bad that you didn’t get a fair trial? Did the trial court let in evidence that should not have been let in?  On the other hand, did the trial court keep out evidence that they should have been let in? Did the trial court instruct the jury properly. Was there any misconduct on the part of the jury? Was the jury influenced by some outside source?

This is what the court of appeals reviews when you appeal your case. It does not determine wether you got a fair deal. It determines whether the proceedings were in line with the prevailing law regardless of the outcome. If so, the jury verdict will stand. If not, the court can remand the case for a new trial or reverse the verdict entirely depending the facts and the law in your case.

What is the Outcome in Most Appeals?

So in general, if you have been convicted of a crime you have the right to appeal your case. But don’t expect anything to turn out different. Statistics show that only about 5% of cases on appeal are won.

An appeal can potentially result in a conviction being overturned, but it doesn't guarantee that outcome. And that is rare indeed.

That’s a very short synopsis of the appeal process. It is far more complicated than this. But I hope this information gives you a starting point. If this was helpful give it a thumbs up. Maybe someone else will come across it and find it useful  as well.

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For now this is the fedora lawyer signing off.

Author: Andrew Williams

I am a criminal defense lawyer with over 30 years experience defending people accused of wrongdoing. I am board certified by the Texas Board of Legal Specialization. Only ten percent of attorneys in Texas are board certified in their respective field. I practice criminal law exclusively in both state and federal court including appeals of criminal cases.