How Direct Appeals Work: The Process of Challenging a Criminal Conviction
A direct appeal offers individuals the chance to challenge a criminal conviction by asking a higher court to review errors made during the trial. This process focuses on legal mistakes that may have impacted the outcome, such as incorrect jury instructions, improperly admitted evidence, or violations of constitutional rights.
A criminal defense attorney plays a vital role in identifying those errors and presenting strong arguments to the appellate court.
At Wolfe & Mote Law Group, LLC in Columbus, Ohio, their lawyers understand how high the stakes are when someone’s freedom and future are on the line. With experience handling appeals throughout Ohio, the firm helps clients work through the difficult process of appealing a conviction.
Read on for more information about how direct appeals work and what you should expect at each stage.
What a Direct Appeal Is and What It Isn’t
A direct appeal is the first opportunity to challenge a conviction after sentencing. It doesn’t involve a new trial or allow for new evidence to be introduced. Instead, the appeal is limited to reviewing what happened during the trial and whether any legal errors occurred that affected the result.
This process is different from post-conviction relief or a retrial. A direct appeal focuses strictly on what is already part of the trial record, including transcripts, motions, and rulings made by the judge. An appeal must rely on these existing materials and can’t bring in new witnesses or claims of innocence.
Because of these limits, a criminal defense attorney must know how to identify and explain mistakes in the trial record. From there, the appeal process begins by filing a notice of appeal and creating a written argument for the higher court.
Filing a Notice of Appeal to Begin the Process
The first step in a direct appeal is filing a notice of appeal with the court where the conviction took place. This document must be submitted within a strict time limit—usually 30 days after the final judgment. Missing this deadline can result in the loss of appeal rights entirely.
Once the notice is filed, the court prepares the record of the case, including transcripts, exhibits, and other filings. This record becomes the basis for the arguments that follow. The appellant, or the person appealing the case, then submits a written brief outlining the legal errors they believe occurred during trial.
At this stage, having a criminal defense attorney with appellate experience is critical. The arguments must be carefully drafted, supported by law, and based only on the information in the record. From here, the appellate court evaluates the written briefs and may schedule oral arguments.
Legal Grounds That Support an Appeal
Not every unfavorable outcome can be appealed—only certain legal mistakes qualify. The appellate court looks for errors that may have changed the result of the trial, such as violations of due process, improper rulings by the judge, or ineffective assistance of trial counsel.
Some of the most common legal grounds for appeal include:
Improper admission or exclusion of evidence: If key evidence was wrongly allowed or kept out, it may have skewed the trial’s outcome in a way that justifies reversal.
Errors in jury instructions: Judges must give juries clear and accurate instructions. If they’re misleading or incorrect, the verdict may be based on a flawed understanding of the law.
Prosecutorial misconduct: If the prosecutor made unfair statements, withheld evidence, or behaved unethically, that could violate the defendant’s rights.
Insufficient evidence to support a conviction: If no reasonable jury could have found guilt based on the evidence presented, the appellate court may reverse the conviction.
Ineffective assistance of counsel: If the trial attorney made serious mistakes that affected the defense, this can be a valid issue on appeal if it’s clearly shown in the record.
These legal mistakes must be clear from the documents and transcripts in the trial record. Next, the written briefs help frame how those errors impacted the outcome.
The Importance of the Appellate Brief
The appellate brief is the central written argument submitted during the appeal. This document outlines the legal mistakes made during the trial and provides citations to case law, statutes, and specific parts of the trial record to back up each point. It’s the primary tool the appellate court uses to evaluate the appeal.
A compelling appellate brief is focused, persuasive, and legally sound. The brief must clearly explain why the conviction should be reversed or sent back for a new trial. It must also answer any counterarguments raised by the state, which submits its own brief defending the conviction.
A criminal defense attorney carefully crafts the appellate brief to show how the identified errors weren’t just minor issues—they directly affected the fairness of the trial. After the briefs are submitted, the court may allow each side to present oral arguments.
How Oral Arguments Fit into the Appeal
In some cases, the appellate court schedules oral arguments so that both sides can explain their positions in person. These arguments give the judges a chance to ask questions and clarify points raised in the written briefs. The presentation is usually short—about 15 to 30 minutes per side.
Oral argument isn’t required in every appeal and may be waived if the court believes the written briefs are sufficient. When arguments do happen, they can provide valuable knowledge about what issues the judges find most important. However, no new evidence or testimony is allowed during this stage.
A criminal defense attorney must be well-prepared to address the judges’ concerns and support their client’s case under pressure. Once oral arguments are complete, the court begins deliberating and eventually issues a decision. That decision determines what happens next.
Possible Outcomes of a Direct Appeal
The appellate court may issue several different types of rulings after reviewing the case. These outcomes depend on whether the court agrees that legal errors were made and whether those errors affected the verdict. Some common results include:
Affirming the conviction: This means the court found no serious legal errors and allows the conviction and sentence to stand.
Reversing the conviction: If the court determines that significant errors occurred, it may overturn the conviction altogether, which can lead to a dismissal or retrial.
Remanding for a new trial or hearing: Sometimes the court sends the case back to the lower court with instructions to conduct a new trial or correct a specific issue.
Modifying the sentence: If the appellate court finds the sentence was too harsh or imposed incorrectly, it may reduce or adjust the sentence without altering the conviction.
Each of these outcomes carries major consequences for the person appealing. Once the decision is made, the appeal process may continue if further review is available.
Seeking Further Review After a Denied Appeal
If the appellate court affirms the conviction, it’s not always the end of the road. A defendant may request further review by a higher court, such as the state supreme court or even the U.S. Supreme Court. However, these courts choose which cases they’ll hear and accept only a small percentage of requests.
A petition for review must show that the case presents significant legal questions or conflicting decisions from lower courts. The goal is to convince the higher court that the issue matters beyond the individual case and affects the justice system as a whole.
At this stage, a criminal defense attorney evaluates whether another appeal is realistic and how strong the legal arguments are. Even if further review is denied, other post-conviction options may still be available, depending on the case.
How the Appeals Process Differs from a Trial
Appeals are very different from trials in how they operate and what they focus on. There are no juries, no witnesses, and no new evidence introduced. The appellate court reviews legal arguments only, based on the existing record from the trial.
This limited focus means appeals require a different set of skills and strategies. The emphasis is on written analysis, knowledge of appellate law, and the ability to explain complicated issues clearly and concisely. The outcome often depends on how well the criminal defense attorney presents the arguments in writing.
Understanding these differences helps manage expectations and explains why not all trial lawyers handle appeals. A strong appellate practice demands experience and precision. For clients, it’s important to know how long the appeal process may take.
What to Expect in Terms of Timing
Appeals take time—often several months to more than a year—depending on the intricacy of the case and the court’s schedule. After filing the notice of appeal, there’s a waiting period while the trial record is prepared. Once the briefs are submitted, it can take many months for the court to issue a decision.
Some key timing considerations include:
Record preparation: Courts may take weeks or months to compile and certify the trial transcript and related documents.
Briefing deadlines: Each side is given a set period to submit briefs, which may be extended for cause.
Court deliberation: After arguments are complete, the court may take several more months to finalize its ruling.
No guarantee of speed: Appeals aren’t fast. They involve careful legal review, and outcomes can be unpredictable in terms of how long they take.
Throughout this process, the criminal defense attorney keeps the client updated, tracks all deadlines, and continues advocating for a fair outcome. Understanding the timing helps clients stay realistic and focused on the bigger picture. Financial concerns also play a role in decisions about filing an appeal.
Financial Costs of Pursuing an Appeal
Appealing a conviction can involve significant costs, especially for private representation. Filing fees, transcript preparation costs, and attorney’s fees all add up. However, those who can’t afford an attorney may be eligible for public defender services or pro bono legal assistance.
The level of work required for an appeal varies with each case. More complicated issues or longer trial records increase the time and cost involved. That’s why many people weigh the potential benefits of an appeal against the financial strain it may cause.
A criminal defense attorney helps explain these costs upfront and may offer payment plans or flexible arrangements. The goal is to make sure clients can pursue justice without unnecessary hardship. In every appeal, good communication is key.
Talk to an Attorney About Your Appeal
The attorneys at Wolfe & Mote Law Group, LLC are experienced in representing clients in criminal appeals across Ohio and are ready to evaluate your case. They serve clients throughout Dublin, Westerville, Gahanna, Hilliard, Licking County, Newark, Heath, Granville, Fairfield County, Lancaster, Pickerington, Delaware County, City of Delaware, Louis Center, and Powell.
To schedule a consultation with an experienced criminal defense attorney, contact Wolfe & Mote Law Group, LLC today.