Houston, TX criminal defense attorney Chris Tritico discusses when can you appeal a guilty verdict. He explains that in federal court, the judge is responsible for sentencing in almost all cases, with the exception of capital murder cases. Approximately 99.9% of cases are sentenced by the judge. When a jury trial takes place and the defendant is found guilty, the case is typically reset for sentencing, and the court primarily relies on the federal sentencing guidelines to determine the appropriate sentence.

After the sentencing, there is an opportunity to file a notice of appeal and appeal the case to the circuit court of appeals. In all cases, except for plea bargains, there is the option to appeal if desired. The basis for the appeal hinges on whether there were any errors in the trial proceedings.

The success of the appeal largely depends on the ability of the trial counsel to raise timely and proper objections during the trial. If any mistakes are made by the trial court or if the prosecutor does or says anything incorrect, it is the responsibility of the trial counsel to object, have it recorded in the trial’s official record, and obtain a ruling from the court. This sets the foundation for the appellate counsel to argue those points during the appeal process.