How to Appeal a Guilty Verdict While in Jail

If you're in jail and have been convicted of a crime, you might be eligible to appeal the decision. You can appeal a guilty verdict while in jail, though you'll probably need the help of your attorney. Essentially, this means that you ask a higher court of appeals (appellate court) to overturn or reverse the conviction based on mistakes at trial beyond your control.

What most people don't understand is that you can't appeal a guilty verdict if the prosecution didn't make a mistake. In some cases, you'll get your appeal heard in the appellate courts, but it won't be honored unless there was a mistake in justice. The court of appeals is not a new trial with witnesses and a jury, but an opportunity for you (or your attorney) to argue the points of your case.

It might seem as though you're at a disadvantage because you're in jail, but most prisons have a law library at your disposal. You can use the library to learn all you can about appeals and wrongful convictions while your attorney handles the paperwork. Some cases go through several appeals before the conviction is overturned or the appeals run out entirely, so you might be in for the long haul.

First, you'll need to contact the appropriate appellate court to serve your notice of appeal. You can do this while incarcerated, or you can have your attorney do it for you. Essentially, you're giving the court notice that you intend to appeal your guilty verdict, after which the court will set a date for your hearing and give you notice to file all necessary written briefs.

Some people prefer to represent themselves at appeals, but I don't recommend it. Only one person is given the opportunity to speak at the appellate court hearing - either you or your attorney - and a lawyer has far more knowledge of the law and will be better equipped to argue your case. You don't have to use the same attorney who represented you at trial, but you do need to make a decision regarding representation.