Not new trial
An appeal usually does not start the facts over
The reviewing court usually works from the record that already exists rather than hearing the case from scratch.
Cases
Criminal Appeals
Appeals are about what happened in the lower court, what legal error may have occurred, and whether there is still a path to review before deadlines expire.
Important
This is general information, not legal advice. If an arrest happened recently or you believe you are under investigation, do not explain the facts to law enforcement before speaking with counsel.
Overview
An appeal is not a second trial. It is record-based review governed by strict rules and deadlines.
Appeals are for cases that have already moved past trial, plea, judgment, or sentencing and now require review at the next level. The question is usually not whether the story can be retold more persuasively, but whether the lower court committed reversible error.
Appellate work depends heavily on the record: transcripts, motions, rulings, preserved objections, and the precise order being appealed. The strongest issue is not always the loudest complaint.
Appeals are often time-sensitive from the date of judgment or final order. Waiting to "see what happens" can cost the right to review altogether.
This page is a route for people who know the case has already reached the review stage and need to distinguish an appeal from habeas corpus, sentence reconsideration, or other post-conviction options.
Key points
Record matters
Transcripts, rulings, and preservation control the issues
The strongest argument is often the one the record actually supports, not simply the issue that feels most unfair.
Deadlines
The notice deadline is critical
If the appeal is not started on time, the court may never reach the merits at all.
Standards
Standard of review can decide the outcome
Some issues receive close review; others are reviewed with great deference to the trial court.
What Is At Stake
What an appeal can and cannot do
A successful appeal may result in reversal, remand, resentencing, or further proceedings. Many appeals, however, end with the lower-court decision being affirmed.
An appeal is usually limited to the existing record. New evidence is not normally introduced the way people often imagine.
Filing an appeal does not automatically stop the sentence from operating. Whether anything is stayed depends on the posture of the case and the orders that follow.
Direct appeal is different from habeas corpus. If the core problem is outside the trial record or depends on new constitutional evidence, a different procedural path may be required.
How These Cases Are Handled
Appellate work begins with the judgment, the transcripts, and the real issue list.
The first task is usually to identify the exact judgment or order, confirm the deadline, assemble the relevant record, and determine what issues were preserved. That often means reading far more carefully than a quick public summary would suggest.
Good appellate strategy is disciplined. It usually focuses on the strongest legal errors, the right standard of review, and the remedy that is realistically available, rather than trying to relitigate everything at once.
Common Questions
Appeal questions we hear often
Quick answers to the questions people usually have at the outset. The facts still matter in every individual case.
How soon does an appeal need to be filed?
Usually very soon after judgment or the appealable order. The exact deadline depends on the court and posture, but waiting is risky.
Can I bring in new evidence on appeal?
Usually no. Direct appeals are normally limited to the trial-court record rather than new witnesses or new exhibits.
What is the difference between an appeal and habeas corpus?
An appeal usually challenges legal error based on the existing record. Habeas corpus usually targets constitutional problems and may involve different procedural rules and, in some situations, different evidence.
Can a guilty plea still be appealed?
Sometimes, but the issues may be narrower. The answer depends on what happened in the case and what rights were preserved.
Does filing an appeal mean the sentence stops immediately?
Not automatically. Whether the sentence or other obligations are stayed depends on the orders entered after the appeal begins.
Need Immediate Help
Get appellate guidance before the deadline closes.
A direct review of the judgment, timeline, and record posture is usually the fastest way to tell whether a real appeal is still available.