Appeals from district court
Most misdemeanors and traffic cases start in district court, where a judge decides the case without a jury. If you are convicted in district court, you generally have the right to appeal to superior court for a new trial, called a trial de novo. In superior court the case starts over, and you can have a jury.
The deadline to appeal from district court is very short and is counted from the judgment. An appeal can also change your sentence options and bond. Talk with a lawyer before you give notice of appeal, and before the deadline passes.
Appeals from superior court
After a conviction in superior court, an appeal usually goes to the North Carolina Court of Appeals. In some cases, review may later be sought in the Supreme Court of North Carolina. These appeals do not retry the facts. They ask whether legal errors happened at trial or sentencing and whether those errors require a new trial or a new sentence.
Appellate work is built on the record: the transcript, the motions, the objections made at trial, and the jury instructions. That is one reason we prepare every trial with the appeal in mind and make our objections on the record.
A written appeal to the Court of Appeals is built in stages. The trial transcript is prepared, the record on appeal is settled, and then each side files a written brief. The court may decide the case on the briefs or hear oral argument. The process often takes many months.
Federal appeals
Federal convictions in the Middle District of North Carolina are appealed to the United States Court of Appeals for the Fourth Circuit. Attorney Micah E. Huggins practices in the Middle District of North Carolina and the Fourth Circuit. Federal appeal deadlines are also short and are counted from the entry of judgment.
Post-conviction relief: motions for appropriate relief
A motion for appropriate relief, often called an MAR, asks the court that entered the judgment to fix a legal problem. Depending on timing and grounds, an MAR may raise issues such as:
- Ineffective assistance of counsel.
- Newly discovered evidence.
- A sentence that was not authorized by law.
- Violations of constitutional rights.
- Evidence the State withheld.
MARs have strict rules about timing and about issues that could have been raised earlier. A claim that is not raised the right way can be barred. We review the file before recommending one.
What we look for
- Whether motions to suppress should have been filed or granted.
- Whether evidence was admitted or excluded in error.
- Whether the jury was instructed correctly.
- Whether the sentence and prior record level were calculated correctly.
- Whether the defense received everything the law required.
- Whether a guilty plea was entered knowingly and voluntarily.
We also look at what was not done: witnesses who were never called, evidence that was never tested, and motions that were never filed. Those gaps can matter in a motion for appropriate relief.
Bond and sentence during an appeal
Filing an appeal can affect whether a sentence starts right away. For a district court appeal, the appeal puts the sentence, fines, and costs on hold while the case goes to superior court, though the judge may set release conditions. For an appeal to the Court of Appeals, a defendant may ask to remain on release while the appeal is pending, and the court decides the conditions.
An appeal also carries risks. In a new trial in superior court, the result can be better or worse than in district court. A plea deal may have conditions that limit appeal rights. Talk through these risks with a lawyer before you file.
How we help
We tell you the hard truth. Many appeals are not successful, and we will say so if we think yours is weak. If there is a real issue, we work it carefully and in writing. We explain our fee in writing before you hire us.
If you or a family member was just convicted, call (336) 281-2008 now so the deadline does not pass. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
How long do I have to appeal a conviction in NC?
Appeal deadlines in North Carolina are short, and they differ depending on whether the case was in district court or superior court. The time is counted from the judgment. Talk to a lawyer right away so the deadline does not pass.
What is a trial de novo in North Carolina?
When you appeal a district court conviction to superior court, the case is tried again from the start. That new trial is called a trial de novo, and you can have a jury.
What is a motion for appropriate relief?
A motion for appropriate relief, or MAR, asks the court that entered a judgment to correct legal errors, such as ineffective assistance of counsel, new evidence, or an unlawful sentence. It has strict timing and procedure rules.
Can I appeal after pleading guilty?
Appeal rights after a guilty plea are limited, but some issues may still be raised, such as certain sentencing errors or the denial of a motion to withdraw the plea. Other issues may need a petition asking the appellate court to review the case, or a motion for appropriate relief.
Where do federal criminal appeals from Greensboro go?
Federal convictions from the Middle District of North Carolina are appealed to the United States Court of Appeals for the Fourth Circuit.