According to the Administrative Office of the U.S. Courts, litigants file more than 45,000 appeals every year in the federal court system alone. State appellate courts collectively handle hundreds of thousands more, covering criminal convictions, sentencing disputes, and constitutional challenges.
Those numbers reveal one hard fact: appeals are not rare, and they are not simple. Appeals demand precision, legal strategy, and deep knowledge of appellate rules. That’s where appellate attorneys step in. They don’t retry cases. They dissect them, error by error, line by line, statute by statute.
What Does an Appellate Attorney Do?
An appellate attorney reviews trial court decisions to identify legal mistakes that may have affected the outcome. These mistakes include misapplied laws, unconstitutional procedures, or incorrect sentencing calculations.
An appellate attorney’s core responsibilities include:
- Reviewing trial transcripts, which often exceed 2,000 pages in felony cases
- Analyzing jury instructions, evidentiary rulings, and motions
- Researching binding precedents from state supreme courts and federal circuit courts
- Writing appellate briefs, typically 30–50 pages with strict formatting rules
- Presenting oral arguments, usually limited to 10–30 minutes before a panel of judges
Trial lawyers persuade juries with witnesses and emotion. Appellate lawyers persuade judges with logic, statutes, and precedent.
How Appellate Attorneys Differ From Trial Attorneys?
Appellate attorneys and trial attorneys serve distinct roles within the legal system.
| Trial Attorney | Appellate Attorney |
|---|---|
| Examines witnesses | Reviews written records |
| Argues facts | Argues law |
| Speaks to juries | Speaks to judges |
| Introduces evidence | Challenges admissibility of evidence |
| Focuses on persuasion | Focuses on legal accuracy |
An appellate attorney wins cases by proving that the trial court misapplied the law, not by arguing innocence.
What Does an Appellate Attorney Do in Criminal Cases?
Criminal appellate attorneys focus on errors that violate constitutional rights or statutory protections.
The most common criminal appeal issues include:
- Improper admission of evidence, such as unlawful searches under the Fourth Amendment
- Ineffective assistance of counsel, measured under the Strickland v. Washington standard
- Incorrect jury instructions, which misstate the law
- Prosecutorial misconduct, including improper arguments or withheld evidence
- Sentencing errors, such as miscalculated guideline ranges
According to the National Registry of Exonerations, procedural and legal errors contribute to more than 54% of wrongful convictions later overturned on appeal or post-conviction review.
How the Criminal Appeals Process Works Nationwide?
The appeals process follows a structured path across all U.S. jurisdictions, though deadlines vary by state.
Step 1: Notice of Appeal
A defendant files a Notice of Appeal, usually within 14 to 30 days after sentencing.
Step 2: Record Preparation
The court compiles trial transcripts, motions, exhibits, and rulings. A felony trial record often exceeds 3,000 pages.
Step 3: Appellate Briefs
The appellate attorney submits a written argument identifying legal errors and citing controlling law. The prosecution responds. A reply brief follows.
Step 4: Oral Argument
Judges question attorneys directly. No witnesses testify. No new evidence appears.
Step 5: Appellate Decision
Judges issue a written opinion. Outcomes include affirmance, reversal, remand, or sentence modification.
What an Appeal Can and Cannot Do?
An appeal can:
- Reverse a conviction
- Order a new trial
- Reduce or vacate a sentence
- Clarify constitutional protections
An appeal cannot:
- Introduce new evidence
- Retry factual disputes
- Reweigh witness credibility
Appeals correct legal mistakes, not factual disagreements.
Essential Tips for Hiring a Criminal Appeals Attorney
Hiring the right appellate attorney significantly increases the odds of success. These seven tips matter nationwide.
1. Hire a Lawyer Who Focuses on Appeals
An attorney who handles 50+ appeals per year brings more value than one who occasionally files appeals.
2. Review Published Appellate Decisions
Strong appellate attorneys appear in reported cases from state supreme courts or federal circuits.
3. Evaluate Legal Writing Skills
Appellate cases are won on paper. Ask for sample briefs, redacted if needed.
4. Confirm Knowledge of Appellate Deadlines
Missing a filing deadline ends a case instantly. Precision matters.
5. Understand Fee Structures
Criminal appeals typically cost between $10,000 and $50,000, depending on complexity and jurisdiction.
6. Ask About Oral Argument Experience
An attorney who has argued before appellate panels understands judicial questioning dynamics.
7. Avoid Guarantees
No ethical appellate attorney promises a win. Appeals involve legal risk.
How to Win Your Case on Appeal?
Winning an appeal requires strategy, realism, and disciplined legal analysis.
Focus on Strong Issues Only
Successful appeals usually argue 1 to 3 legal errors, not 15 weak ones. Judges value clarity.
Anchor Arguments in Binding Precedent
Citing U.S. Supreme Court cases or controlling circuit decisions strengthens credibility.
Show Harm, Not Just Error
Courts reverse decisions only when an error affected the outcome. Appellate briefs must explain how the error changed the verdict or sentence.
Use the Standard of Review Strategically
Issues reviewed de novo have higher success rates than those reviewed for abuse of discretion.
Maintain Judicial Tone
Judges respond to respectful, structured arguments—not emotional attacks.
Learn More: Citizens United v. FEC
Appeal Success Rates: A Reality Check
According to federal judiciary statistics:
- Criminal appeals succeed in 6% to 12% of cases nationwide
- Sentencing appeals have higher success rates than conviction challenges
- Appeals based on constitutional violations outperform procedural claims
Appeals are difficult, but targeted, well-argued cases do succeed.
Federal vs State Appeals: Key Differences
Federal appeals involve U.S. Circuit Courts and the Supreme Court. State appeals move through intermediate courts and state supreme courts.
Federal appeals emphasize constitutional interpretation. State appeals often focus on statutory application.
Despite structural differences, appellate principles remain consistent nationwide.
When to Consider Post-Conviction Relief?
When direct appeals fail, defendants may pursue habeas corpus or post-conviction motions.
Post-conviction relief addresses:
- Newly discovered evidence
- Ineffective counsel claims
- Constitutional violations outside the trial record
These remedies follow different procedural rules and timelines.
Final Thoughts
Appellate attorneys serve as the legal system’s quality-control mechanism. They ensure judges follow the Constitution, statutes, and precedent—not shortcuts or assumptions.
Appeals demand patience, money, and emotional endurance. The right appellate attorney brings structure to chaos and clarity to complex records. When liberty, reputation, and future are at stake, precision matters more than persuasion.
Choosing an experienced appellate attorney, focusing on strong legal issues, and understanding realistic outcomes gives defendants the best possible chance within the U.S. appellate system.
FAQs
Is an appeal just a second trial or a “do-over”?
No. An appeal is not a new trial. You cannot present new evidence, call new witnesses, or re-testify. The appellate court only reviews the “record” (transcripts and exhibits) from the original trial to see if the judge made legal errors that affected the outcome.
What exactly does an appellate attorney do during a case?
Their primary job is to “deconstruct” the trial. They:
Review the Record: Read thousands of pages of transcripts to find mistakes.
Write the Brief: This is the most important part. It is a massive, highly technical written argument explaining why the law was misapplied.
Oral Argument: If granted, they go before a panel of judges (usually three) to answer rapid-fire questions about the case.
Why can’t my trial lawyer just handle the appeal?
While they can, it is often better to hire a specialist. Trial lawyers are “storytellers” and “fact-finders” who excel at convincing juries. Appellate lawyers are “legal scholars” who excel at deep research and persuasive writing for judges. A fresh set of eyes can also catch mistakes the trial lawyer might have missed—or even identify if the trial lawyer themselves provided “ineffective assistance.”
When should I hire an appellate attorney?
Ideally, before the trial ends. Many firms hire appellate counsel to “preserve the record” during trial. This means they ensure that when a trial lawyer objects to something, they do it in a way that allows it to be argued later on appeal. If you wait until after the verdict, you typically only have 30 days to file a Notice of Appeal.
What questions should I ask before hiring one?
“How many appeals have you handled in this specific court (e.g., the 9th Circuit or State Supreme Court)?”
“What is your ‘Standard of Review’ assessment for my case?” (This shows they understand your chances).
“Will you be writing the brief yourself, or will a junior associate do it?”
“What is your success rate with ‘reversals’?” (Note: Reversals are rare, so don’t expect 100%).
How much does an appellate attorney cost?
Appeals are expensive because they are labor-intensive. Most appellate attorneys charge:
Flat Fees: Ranging from $10,000 to $50,000+ depending on the complexity and the length of the trial record.
Hourly Rates: Often $300 to $800+ per hour.
Costs: You must also pay for trial transcripts (which can cost thousands) and filing fees.
What are the most common grounds for winning an appeal?
You can’t win just because the jury didn’t believe you. You win based on:
Legal Error: The judge gave the wrong instructions to the jury.
Evidentiary Issues: The judge allowed evidence that should have been kept out (or vice versa).
Constitutional Violations: Your rights (like the 4th Amendment) were violated.
Abuse of Discretion: The judge made a decision that was so irrational it ignored the facts and law.
What is the “Standard of Review,” and why does it matter?
This is the “hurdle” you have to jump over. There are three main types:
De Novo: The appellate court looks at the issue from scratch (best for you).
Abuse of Discretion: The court gives the trial judge a lot of leeway (harder to win).
Plain Error: The mistake must be so obvious and so damaging that it undermined the fairness of the trial (hardest to win).
What happens if I “win”? Does the case just end?
Rarely. Usually, if you win, the court remands the case. This means it is sent back to the lower court for a “do-over” trial, but this time with the legal errors corrected. Occasionally, the court may reverse and vacate, which can end the case entirely (e.g., throwing out a conviction).
