Appealing a Criminal Case

A successful appeal requires understanding criminal procedure, following rules and timing, and arguing your case both through documentation and in person

What is an appeal?

An appeal in a criminal case is the process of arguing that some ruling or event that happened during your case in the district court was wrong and should be changed. To get the change, you must appeal to either the Minnesota Court of Appeals or the Minnesota Supreme Court. A successful appeal may result in you getting a new trial, a better sentence, or your case being dismissed.

When you can appeal

Generally, you cannot file an appeal until your case is finished. This means that you can only file an appeal once you have been convicted of and sentenced for a felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense. There are some exceptions to this rule, but most appeals will happen after you have been sentenced. Most appeals first go to the Minnesota Court of Appeals.

You must appeal within a certain time frame

You must appeal within the proper time period provided in the Minnesota Rules of Criminal Procedure and Minnesota Rules of Civil Appellate Procedure. If you do not, you may never be able to appeal. You have 30 days from the date of your sentence to appeal in a misdemeanor or petty misdemeanor case, and 90 days from your sentence in a felony or gross misdemeanor case.

You must file and serve the right documents to start your appeal

If you do not file and serve the right documents within the applicable time frame, your appeal may be dismissed. This includes a notice of appeal, a statement of the case, and a certificate of service. These documents may be filed with the Minnesota Court of Appeals in person, by U.S. Mail, or by e-filing. The notice of appeal must be served on the correct prosecutor’s office, the Minnesota Attorney General’s office, and the district court where the case originated.

Making your arguments on appeal

Appeals require a lot of difficult research and writing. First, you must obtain all the transcripts and court orders from your case in the district court. Once you have done this, you need to read everything and figure out what issues you are going to argue on appeal. This involves doing legal research that can take many hours. Most importantly, you will need to write your brief. A brief is a detailed written document where you persuasively argue your issues using the facts of your case and the law. You will also have a chance to file a second brief in response to the prosecutor’s brief. And lastly, you will argue your case orally at the Minnesota Court of Appeals or Supreme Court.

The Attorneys at Sieben & Cotter can assist you in your criminal appeal. Contact us for a free consultation.