Can you appeal conviction

Some appeals—in misdemeanors and infraction cases , for example—may go to the appellate division of a superior court. Defendants file written "briefs" which often are far from brief claiming that certain errors warrant reversal of a conviction or at least reduction of a sentence. After the government submits a responding brief, an appellate court may hear oral argument from both sides.

Weeks and sometimes months later, the appellate court issues a written decision upholding or reversing a conviction. If a state's intermediate appellate court upholds a conviction, a defendant can appeal to the state's highest court and then to the U. Supreme Court. However, the higher appellate courts the "supreme" courts have discretionary jurisdiction, which means that they can decide not to review a case. The government cannot appeal verdicts of acquittal. However, if a trial judge rules that a convicted defendant is entitled to a new trial, the government can appeal the new trial order.

For an exception about the appealability of acquittals, see our article on acquittals by judges in jury trials. Appellate courts most often review only legal claims that defendants have made at trial. If defendants neglect to make legal claims at trial, they usually waive those claims. For example, if a defendant asks an appellate court to reverse a conviction because of the prosecutor's unfair argument, the court will probably consider the point only if the defense objected to the argument during the trial.

Not every error at trial merits reversal. The general rule is that defendants are entitled to a fair trial, not an error-free trial.

Lutwak v. Appellate courts generally don't reverse convictions unless a legal error was likely to have contributed to a guilty verdict. However, errors involving constitutional rights require reversal, normally unless appellate courts determine that they were "harmless" beyond a reasonable doubt.

Even when upholding convictions, appellate courts can review sentences. For example, an appellate court might uphold a conviction but reduce the sentence by 30 days if the trial judge neglected to credit the defendant with the month that the defendant spent in jail prior to trial. If you think a sentence imposed is too lenient, you can contact the Director of Public Prosecutions about your concerns. You must contact the Director of Public Prosecutions within 28 days of the sentence being imposed.

You can do this by writing to the Director or through a legal or public representative. We will not reply to your feedback.

Don't include any personal or financial information, for example National Insurance, credit card numbers, or phone numbers. The nidirect privacy notice applies to any information you send on this feedback form.

Comments or queries about angling can be emailed to anglingcorrespondence daera-ni. If you have a comment or query about benefits, you will need to contact the government department or agency which handles that benefit.

Contacts for common benefits are listed below. Call Email dcs. Call Email customerservice. Comments or queries about the Blue Badge scheme can be emailed to bluebadges infrastructure-ni. For queries or advice about claiming compensation due to a road problem, contact DFI Roads claim unit. The Court is not required to hear an appeal in every case and takes only a small number of cases each year.

You are here U. Attorneys » Justice Ask for permission to appeal You must first apply for permission to appeal.

Explore the topic Courts, sentencing and tribunals. Is this page useful? Maybe Yes this page is useful No this page is not useful.

Thank you for your feedback. Report a problem with this page. What were you doing?