Guide for Victims of Crime - Appeal and Post Conviction Process

Offenders convicted at trial may appeal their cases. This means the entire case, from investigation through sentencing, can be reviewed by a higher (appellate) court. The defense submits a written brief noting the areas where errors may have occurred. Common reasons for appeal include an invalid arrest, improperly admitted evidence, and incorrect jury instructions.

Some offenders also may appeal the length of their sentences. The prosecution submits a brief responding to the offender’s arguments. These briefs, along with a transcript or tape of the trial, go to the appellate court for review. The attorneys also may present oral argument before the court.

The appellate court may either affirm the conviction or overturn the trial court decision. If the court overturns the conviction, the prosecutor sometimes retries the case.

A convicted offender also may ask the trial court judge to modify the sentence or overturn the conviction. The offender may argue that the defense attorney was ineffective, new evidence has been discovered, or the judge misunderstood the law. Sometimes new evidence and testimony is given to support a motion for this type of post-conviction relief.

The appellate and post-conviction process may take quite some time and may add to your frustration with delay. You have the right to be notified about these proceedings and to attend them if you have registered with the prosecutor’s office for notification. However, most appeals are won by the prosecution.

Many victims feel better if they allow the burden of the appeal to rest with the prosecutor, and spend the waiting period working on their own recovery process. If you have questions about appellate procedure, ask the prosecutor’s office or the local victim assistance program for more information.

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