If a defendant in a criminal prosecution is found guilty, the defendant can appeal the conviction (finding of guilt) or the sentence (punishment such as jail or prison, restitution, community service, probation, etc.). An appeal is not another trial—it is an opportunity to raise specific errors that might have occurred at trial. For example, a convicted defendant might claim on appeal that the judge made an incorrect ruling on an important question such as whether to exclude or suppress certain evidence, or whether to impose a certain sentence or punishment.

Appeals are complex processes and generally require the expertise of a licensed lawyer. On appeal a conviction may be reversed, a sentence may be altered, or the case may be sent back to the trial court for a new trial or a new sentence.

There are generally two potential levels of appellate review following a defendant’s conviction in a state court or federal trial court—an intermediate court (often called the court of appeals) and the highest court, or court of last resort (often the supreme court). Although a defendant usually has an automatic right to appeal a final conviction to the intermediate court of appeals, in many jurisdictions the highest court has discretion on whether to accept an appeal to review a case—known as discretionary review.

In Vermont, a defendant found guilty in a criminal prosecution has the right to appeal the conviction or the sentence. The appeal process is not a retrial but an examination of potential legal errors made during the trial, such as improper evidence rulings or sentencing decisions. Appeals require the skills of an attorney due to their complexity. If an appeal is successful, the conviction could be overturned, the sentence changed, or the case remanded for a new trial or sentencing. Vermont has a two-tier appellate system, where the first level of appeal is to the Vermont Supreme Court, as Vermont does not have an intermediate appellate court. The Vermont Supreme Court serves as both the intermediate appellate court and the court of last resort. While the right to appeal to this court is generally automatic after a conviction, further appeal to the United States Supreme Court is discretionary and only granted on a limited basis, typically involving significant federal or constitutional issues.