Difference Between Direct and Collateral Appeals
While the overarching goal of a collateral appeal is the same as a direct appeal (i.e., to modify or overturn a conviction or sentence), the approaches of the two are quite different. A direct appeal is considered to be “as of right,” meaning you automatically have the right to appeal your conviction to the higher courts. However, collateral appeals are more at the discretion of the courts as to whether to entertain or approve them. While direct appeals are formal appeals made to the higher courts within a jurisdiction, most collateral appeals are post-trial motions made in the court that tried your case. Finally, while the strategy of direct appeals is generally to point out errors or negligence that directly affected your conviction, the approach of a collateral appeal is to challenge the legality of the conviction or sentence itself. While it is possible for both forms of appeal to be in process at the same time, collateral appeals are generally considered a “last resort” after direct appeals have failed to produce results.