Appeals in Criminal Cases
In one sense, a criminal conviction signals the end of a case. But in another, it's just an interval in the criminal process. While it's generally tougher for defendants to win on appeal than at trial, the appellate process allows them to present challenges that, if successful, will undo convictions.
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A not guilty verdict on all charges normally ends a criminal case—the prosecution cannot appeal an acquittal. A guilty verdict on some or all charges, however, doesn’t necessarily mean the case is over.
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Criminal defendants generally can’t appeal “lawful” sentences. But a defendant can appeal a sentence if it’s illegal, unconstitutional, or unreasonably excessive.
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Appeals and the Writ of Habeas Corpus FAQ
Questions What are the chances that my conviction will be reversed? What is a writ? What's the difference between a writ and an appeal? What is a writ of habeas corpus? What is an appeal? What are the chances that my conviction will be reversed? Appeals judges generally resist overruling trial court
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What cases does the U.S. Supreme Court hear?
The United States Supreme Court is a federal court, meaning in part that it can hear cases prosecuted by the U.S. government.
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Can you lose the right to appeal a ruling by taking a plea deal?
Defense attorneys are sometimes able to negotiate conditional pleas. This kind of plea arrangement allows a defendant to strike a deal with the prosecution and at the same time contest a ruling by the judge. The defendant reserves the right to appeal a particular ruling. If she loses her appeal, then the conviction stands. If she wins it, she can withdraw her guilty or no-contest plea.
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