How Does a Criminal Appeal Differ From a Trial?
When someone has been convicted of a crime, it can feel overwhelming and discouraging. Many people believe that a guilty verdict is the end of the road, but that’s not always the case. Criminal appeals give defendants another chance to challenge errors made during their trial.
Unlike trials, which focus on presenting evidence and testimony, appeals examine how the trial was conducted and whether the law was applied correctly. For individuals and families dealing with this situation, the process can feel intimidating, but it doesn’t have to be faced alone.
At Hug & Jacobs, we help clients across Fremont, Lincoln, Papillion, Wahoo, and Omaha, Nebraska, with criminal defense matters, including both trials and appeals. Attorneys Jerry Hug and Kenny Jacobs have guided many people through these stages of the justice system.. If you or someone you love is considering a criminal appeal, reach out today to discuss your options.
Purposes of a Trial vs. a Criminal Appeal
The first major difference between a trial and an appeal lies in their purpose. A trial is meant to determine guilt or innocence. Evidence is presented, witnesses testify, and a jury or judge decides whether the prosecution has proven the case beyond a reasonable doubt.
An appeal, on the other hand, isn’t about deciding guilt or innocence all over again. Instead, it’s about reviewing what happened at trial to see if legal mistakes were made that affected the outcome. This process is crucial for protecting a defendant’s rights and making sure the law was applied fairly.
What Happens During a Trial
During a criminal trial, the focus is on facts. The court hears testimony, sees physical evidence, and considers arguments from both the defense and prosecution. The process is highly structured, beginning with opening statements and ending with a verdict.
Key elements of a criminal trial include:
Jury selection: Citizens are chosen to hear the case and decide on the verdict.
Opening statements: Both sides present their overview of the case.
Presentation of evidence: The prosecution and defense call witnesses, submit physical evidence, and cross-examine each other’s witnesses.
Closing arguments: Each side summarizes their position.
Jury deliberation and verdict: The jury (or judge in a bench trial) decides whether the defendant is guilty or not guilty.
Trials are about presenting the story of what happened, supported by evidence. If the jury finds a defendant guilty, that’s when an appeal may come into play.
What Happens During an Appeal
An appeal is very different from a trial. Instead of hearing new evidence, the appellate court looks at the trial record to decide whether mistakes were made. This review is done through legal arguments, usually in the form of written briefs and sometimes oral arguments.
Unlike a trial, where the focus is on presenting witnesses, evidence, and convincing a jury, an appeal centers on questions of law and procedure. The appellate judges aren’t fact-finders; rather, they determine whether the trial court applied the law correctly and respected the defendant’s constitutional rights.
Key elements of a criminal appeal include:
Written briefs: Attorneys submit detailed legal arguments pointing out errors in the trial.
Review of trial transcripts: The appellate judges examine what was said and done during the trial.
Oral arguments: In some cases, lawyers present arguments directly to the judges, who may ask questions.
Appellate decision: The court can uphold the conviction, overturn it, order a new trial, or modify the sentence.
Unlike trials, appeals don’t involve juries, witnesses, or new evidence. They’re about analyzing the law, not re-litigating the facts.
Common Grounds for Appeal
Not every conviction can be appealed, and not every appeal succeeds. To move forward, there must be legitimate grounds—meaning that the trial court made a significant legal mistake. Some common reasons include:
Improper admission of evidence: Evidence that should have been excluded was presented to the jury.
Jury instructions: The judge gave incorrect or misleading instructions to the jury.
Ineffective assistance of counsel: The defense lawyer failed to provide adequate representation.
Prosecutorial misconduct: The prosecutor acted improperly, such as withholding evidence.
Violation of constitutional rights: Rights such as due process or the right to confront witnesses were not upheld.
Each of these errors can affect the fairness of the trial. That’s why appeals exist—to correct mistakes and protect the integrity of the justice system.
Key Differences Between a Trial and an Appeal
While both stages are part of criminal defense, trials and appeals differ in several important ways.
Decision makers: Trials involve judges and juries; appeals are decided only by judges.
Evidence: Trials focus on evidence and testimony; appeals focus on legal arguments and transcripts.
Purpose: Trials decide guilt or innocence; appeals review whether the trial was conducted fairly.
Outcome: Trials can result in conviction or acquittal; appeals can affirm, reverse, or modify outcomes.
These differences highlight why defendants need guidance during both stages. Trials require strong factual arguments, while appeals require persuasive legal reasoning.
How Appeals Can Affect Sentences
Appeals don’t just challenge convictions; they can also affect sentencing. For example, if a judge made an error in calculating a sentence, the appellate court may send the case back for re-sentencing.
This process can benefit defendants by reducing penalties or correcting unlawful sentences. However, it’s important to note that appeals can’t increase a sentence unless the prosecution files its own appeal.
Benefits of Pursuing an Appeal
Filing an appeal can feel like starting over, but it provides several important benefits.
Protecting rights: Appeals safeguard constitutional and legal rights.
Correcting mistakes: Errors in trials can be addressed.
Fairness in sentencing: Sentences can be reduced or corrected.
Restoring confidence: Successful appeals demonstrate the justice system’s commitment to fairness.
While appeals can take time, they provide an important check on the trial process. For many defendants, they represent hope and the possibility of a more just outcome.
Challenges of Criminal Appeals
Although appeals provide opportunities, they also come with challenges. The process can be lengthy, sometimes taking months or years. In addition, appellate courts often defer to trial courts, meaning not every mistake will result in a reversal.
Defendants need to be prepared for these realities. Still, even when an appeal doesn’t overturn a conviction, it can highlight issues that may help in future proceedings or post-conviction relief efforts.
Keep in mind that trials and appeals require different skill sets. Trials demand strong storytelling, cross-examination, and evidence presentation. Appeals require in-depth legal research, precise writing, and persuasive arguments focused on the law.
That’s why having attorneys like Jerry Hug and Kenny Jacobs matters. At Hug & Jacobs, we know how to approach both trials and appeals, helping clients protect their rights at every stage. Whether in Fremont, Lincoln, Papillion, Wahoo, or Omaha, Nebraska, we stand by our clients with dedicated criminal defense representation.
Contact Us About Your Criminal Appeal
A guilty verdict isn’t always the end. Trials and appeals serve different purposes, and understanding those differences can be the key to protecting your future. If you’re considering an appeal, you don’t have to go through it alone.
Attorneys Jerry Hug and Kenny Jacobs at Hug & Jacobs are here to help clients across Fremont, Lincoln, Papillion, Wahoo, and Omaha, Nebraska. We’ll review your case, explain your options, and fight for your rights.
Don’t wait to get the support you need. Reach out to us today to schedule a consultation with an experienced criminal defense attorney and take the first step toward a stronger defense.