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Appeals and the Writ of Habeas Corpus FAQ

Criminal defendants who think they've been wrongfully convicted of a crime have a number of options: appeals, writs, and habeas corpus.

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What is an appeal?

An appeal is a request to a higher (appellate) court for that court to review and change the decision of a lower court. Because post-trial motions requesting trial courts to change their own judgments or order new jury trials are so seldom successful, the defendant who hopes to overturn a guilty verdict must usually appeal. The defendant may challenge the conviction itself or may appeal the trial court's sentencing decision without actually challenging the underlying conviction.

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