Appeals

Criminal and civil appeals provide parties with the right to challenge trial court decisions based on legal errors that affected case outcomes. State and federal appellate courts review trial records, legal briefs, and oral arguments to determine whether lower courts correctly applied the law and protected parties' constitutional rights. Appeals require specialized legal skills distinct from trial advocacy, including mastery of complex procedural rules, persuasive legal writing, and strategic identification of reversible errors in the trial court record. 

Criminal Appeals

Criminal appeals allow defendants to challenge wrongful convictions or excessive sentences based on constitutional violations, evidentiary errors, jury instruction mistakes, prosecutorial misconduct, or ineffective assistance of counsel. State criminal appeals proceed through intermediate appellate courts and potentially to state supreme courts, while federal criminal appeals go to the United States Courts of Appeals and may reach the United States Supreme Court. Successful criminal appeals require demonstrating that trial errors were not harmless and likely affected the verdict or sentence, warranting reversal, remand for new trial, or resentencing. 

Civil Appeals

Civil appeals challenge trial court decisions in cases involving contracts, personal injury, family law, property disputes, business litigation, and constitutional rights violations. Appellate courts review whether trial judges correctly applied substantive law, made proper evidentiary rulings, gave accurate jury instructions, and followed procedural rules governing civil litigation. Civil appeals may seek reversal of judgment, modification of damages awards, remand for new trial, or correction of legal errors that affected parties' rights and remedies. 

Federal Appeals Process

Federal appeals follow the Federal Rules of Appellate Procedure and involve filing notices of appeal, compiling trial records, submitting appellate briefs, and potentially presenting oral arguments before three-judge panels. The federal appellate system consists of thirteen Circuit Courts of Appeals that review decisions from federal district courts, bankruptcy courts, tax courts, and administrative agencies. Federal appellate practice requires specialized knowledge of circuit-specific rules, precedent, and judicial preferences that influence case outcomes.

How Our Firm Helps

Our firm provides comprehensive appellate representation by conducting thorough record reviews to identify preserved errors, researching controlling legal authority, and crafting persuasive appellate briefs that present winning legal arguments. Experienced appellate counsel analyzes trial transcripts, evidentiary rulings, and jury instructions to pinpoint reversible errors while anticipating opposing arguments and addressing potential obstacles to relief. Through strategic brief writing and compelling oral advocacy, our firm maximizes clients' chances of obtaining favorable appellate outcomes in both criminal and civil matters.


Attorney David Lewarchik brings over twenty years of appellate experience handling criminal and civil appeals in state and federal courts, having successfully resolved more than 200 appeals throughout his distinguished career. Mr. Lewarchik is a graduate of a top law school, which provided him with exceptional legal training in appellate advocacy and persuasive legal writing. As a former clerk and staff attorney for the appellate court, Mr. Lewarchik gained invaluable insight into judicial decision-making processes, enabling him to craft briefs that resonate with appellate judges and anticipate judicial concerns about legal and procedural issues. This unique insider perspective, combined with extensive appellate litigation experience, positions our firm to provide sophisticated representation that maximizes success in state and federal criminal and civil appeals. 

Frequently Asked Questions

  • What is the difference between a direct appeal and a discretionary appeal?

    Direct appeals are available as a matter of right after final judgments, allowing parties to challenge trial court rulings in appellate courts without seeking permission. Discretionary appeals require obtaining permission from the appellate court to review lower court decisions, typically involving interlocutory orders or decisions from intermediate appellate courts. 

  • How long do I have to file an appeal?

    Appeal deadlines vary by jurisdiction but are strictly enforced. In federal criminal cases, defendants typically have 14 days from entry of judgment to file a notice of appeal. In federal civil cases, parties generally have 30 days, while state appeal deadlines vary but commonly range from 30 to 60 days. 

  • What happens during oral argument?

    Oral argument provides attorneys the opportunity to present their positions before a panel of appellate judges and answer judicial questions about legal issues raised in briefs. Not all appeals receive oral argument; many are decided on briefs alone based on court rules and case complexity. 

  • Can new evidence be presented on appeal?

    Generally, appellate courts review only the evidence and legal arguments presented to the trial court. New evidence cannot typically be introduced on appeal unless it relates to jurisdictional issues or falls within narrow exceptions for newly discovered evidence.