After you receive your sentence for a criminal conviction, you may have the right to appeal your case to a higher court. An appeal allows you to ask the other court to review your case for accuracy. On appeal, you may receive the chance of a new trial.
It is important to understand that an appeal is not a new trial. The appeals court will look at the legal aspects of your case to see if there were errors. You typically have the right to request an appeal, but the higher court may not always have to hear the case.
Keep in mind
One thing you have to remember is that the higher court will not hear new evidence or even review evidence. So, if your situation involves something new coming up after your conviction, you would have to go through the appeals court to get a new trial in the lower court. But you still must show there was a legal error of some type for the court to make this decision.
Time and money
Appeals are complex. They will take a lot of time, which means it will cost more money. You may have to wait to get an approval from the court before you even get the chance to appeal. Then, you will have to wait to hear the outcome after presenting your briefs or giving arguments.
While the appeals court can change the sentence you received or issue a new verdict that is different from the lower court, many times, it will only do so to then send the case back to the lower court. Getting a new trial is often a common outcome, so be ready to continue going to court even if you appeal.