What Are Appeals?

In regards to the court system, appeals are the process for which a person can request a change to a decision that has formally been made by the officials of the court. The process for carrying out appeals can be lengthy; it has specific criteria and guidelines and does not guarantee a change in the decision.  The appeals process is merely a way for the defendant to voice their desires, in attempt to get the court to rule in their favor. The appeals process can range anywhere from social security disputes, to civil and criminal cases, in which the defendant or the plaintiff has the ability to argue the ruling of the case. 

The Appeals Process

Once a final decision on a case has been made, the appeals process can begin. Different states and jurisdictions have specific rules for who can apply for the appeals process, how it’s done, and the time frame in which the appeals must be applied for.  In general though, most appeals are submitted in writing, though some are chosen for oral presentations in front of the court officials, typically a panel of judges, as opposed to the typical judge and jurors. Another unique characteristic about the appeals process is that the arguments presented and decided upon are directly related to the defendant’s rights during the court decision as opposed to the crime itself. It is best for the defendant to bring to the court, either orally, or in writing, a good case that supports their request.  Factual evidence and reasonable arguments are likely to be favorable, especially if the arguments are presented respectfully and with knowledge. The appeals process can continue through a variety of courts, each having their own set of rules and specific details.

Criminal Appeals

Convicted criminals fall under the criminal appeals category, and there are typically three venues for which they can appeal a decision made by the court system. Convicted criminals can submit Direct Appeals, a Post-Conviction Relief Petition (PCR), or a Petition for Writ of Habeas Corpus. The Direct Appeals process is a way for the defendant to present their case in writing, and the court will review the case, and issue a decision within a determined time frame, usually anywhere from a month to a year. The Post-Conviction Relief Petition is the appeals process that takes place during the original trial court. These types of appeals are submitted in writing, and oral arguments could be called as well. The court’s decision can take up to over a year, but can reverse, affirm or modify the original decision. Finally, the Writ of Habeas Corpus is the final step in the appeals process. This appeal is filed with the United States District Court in writing, and is used when all other efforts have been exhausted. This appeals process can take years to make a decision, and may involve a variety of steps such as oral arguments and evidentiary hearings.