{"id":352328,"date":"2024-01-05T11:06:50","date_gmt":"2024-01-05T16:06:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/the-number-of-criminal-appeals.html"},"modified":"2025-04-23T10:06:00","modified_gmt":"2025-04-23T15:06:00","slug":"the-number-of-criminal-appeals","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/the-number-of-criminal-appeals.html","title":{"rendered":"The Number of Criminal Appeals"},"content":{"rendered":"\n
\n \n
\n

The Number of Criminal Appeals<\/h1>\n
\n
\n By Melissa Bender, Esq.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

If a defendant loses their initial appeal, getting another chance depends on several factors. In most cases, it depends on whether a court superior to the appellate court finds good cause to permit another appeal.<\/p>\n\n <\/div>\n\n

Whether convicted of a misdemeanor DUI or a felony robbery, you will have at least one appeal available to you. This first appeal is known as an "appeal as of right."<\/p>\r\n

In this appeal, you also have a right to the assistance of an attorney<\/a>. If you can’t afford an appellate attorney, the court may appoint one. You can find a criminal defense lawyer<\/a> with experience in complex appeals cases.<\/p>\r\n

But when the first appeal doesn’t succeed, you may try again. Below, see how many times you can appeal a conviction<\/a> and the steps for doing so. Keep in mind that the appeals process may vary from state to state and with the federal system.<\/p>\r\n

How Appellate Courts Work<\/h2>\r\n

In a criminal case, the defendant can appeal the final judgment of the trial court to the next higher court. An appeal challenges the ruling of the trial court. The criminal defendant directs the appeal to the appellate court. They have the authority to review the trial court’s decision.<\/p>\r\n

The volume of requests to overturn appellate court decisions is high. The state supreme court or highest appellate court can’t hear all such requests. They must assess whether the appellate court’s decision is consistent with the law. They may look at whether different appellate courts are in conflict over a legal issue raised in the case.<\/p>\r\n

In states with large populations, you may find three or four levels of courts<\/a>. In smaller states, there may only be three. There are important differences in the rules, time limits, costs, and procedures<\/a>, depending on whether the case is in federal or state court. Each jurisdiction also has different rules. Finally, even within a single state, one may find that different rules for appeals depend on the court in which the case originated.<\/p>\r\n

How Many Times Can I Appeal a Conviction?<\/h2>\r\n

The number of appeals for a criminal case varies by case. Every defendant can choose to seek a first appeal. But after the first appeal, the remaining options depend on a few factors. The specific details of the case can limit how many further appeals are available. Second or even third appeals for a conviction are rare.<\/p>\r\n

Each level of appeal would require you to:<\/p>\r\n