Post-Conviction Relief Options
Appeals Lawyer in Port Angeles East, Washington
Criminal Appeals and Post-Conviction Relief Guide
If you have been convicted of a crime and believe errors occurred during your trial, an appeal may provide an opportunity to challenge that conviction. The appeals process is complex and requires a thorough understanding of procedural rules, case law, and appellate strategy. At Law Offices of Greene and Lloyd, we represent clients throughout Port Angeles East and Clallam County who seek to overturn convictions or obtain new trials based on trial errors, ineffective assistance of counsel, or newly discovered evidence.
Why Appeals Matter for Your Future
An appeal can be your opportunity to correct significant mistakes that occurred at trial. Appellate courts have the authority to reverse convictions, order new trials, or reduce sentences when legal errors affected the outcome. Beyond the immediate legal relief, pursuing an appeal demonstrates your commitment to justice and can impact how future employment, housing, and other opportunities view your record. Even if an appeal is unsuccessful, it establishes a thorough legal record that may support later post-conviction remedies or sentence modification requests.
Our Appellate Practice and Track Record
How Criminal Appeals Work in Washington
A criminal appeal begins with filing a notice of appeal within strict timeframes following conviction and sentencing. Your appellate attorney then obtains the trial record, including transcripts and exhibits, to identify potential legal errors. We conduct a comprehensive review of all trial proceedings to locate issues that may have affected the outcome. Common appeal grounds include improper jury instructions, admission of prejudicial evidence, ineffective assistance of counsel, and sentencing errors. Once issues are identified, we prepare a detailed brief explaining why each error warrants reversal or a new trial.
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Key Terms in Criminal Appeals
Appellate Brief
A comprehensive written document submitted to the appellate court outlining the legal issues, arguments, and reasons why the trial court’s decision should be reversed or modified. The brief references the trial record and applicable law to support each argument for appeal.
Ineffective Assistance of Counsel
A constitutional claim that your trial attorney failed to provide adequate representation, such as failing to present evidence, call witnesses, or raise important legal objections, resulting in prejudice to your case outcome.
Notice of Appeal
The formal document that initiates an appeal, filed within a specified timeframe after sentencing. This notice informs the court and prosecution of your intent to challenge the conviction or sentence.
Preserved for Appeal
An issue that was properly raised and objected to during trial, creating a record for appellate review. Issues not preserved at trial are generally not considered on appeal unless they involve constitutional errors.
PRO TIPS
Act Quickly on Appeal Deadlines
Criminal appeals have strict filing deadlines that typically begin after sentencing. Missing these deadlines can result in losing your right to appeal forever. Contact an attorney immediately after conviction to ensure all procedural requirements are met and your appeal rights are protected.
Request a Continuance if Needed
If your original trial attorney did not preserve issues for appeal, you may have grounds to request a continuance of the appeal deadline to properly develop your appellate claims. Courts may extend deadlines for good cause, such as retaining new appellate counsel or obtaining necessary records.
Explore All Available Remedies
Appeals are just one avenue for post-conviction relief. Depending on your situation, you may also pursue motions for new trial, sentence modification, DNA testing, or federal habeas corpus relief. An attorney can evaluate which remedies are most promising for your specific case.
Evaluating Your Post-Conviction Options
When Full Appellate Representation is Essential:
Multiple Trial Errors Requiring Appellate Challenge
If your trial involved numerous errors—such as improper evidence admission, flawed jury instructions, or prosecutorial misconduct—comprehensive appellate representation is needed to properly develop all viable issues. An experienced appellate attorney can synthesize these errors into persuasive arguments that demonstrate cumulative prejudice. Full representation ensures no meritorious claim is overlooked or inadequately presented to the appellate court.
Ineffective Trial Counsel Claims
When your trial attorney provided inadequate representation, comprehensive appellate advocacy is critical to establish both deficient performance and resulting prejudice. This requires detailed analysis of trial strategy, case law regarding trial attorney duties, and expert opinions in some cases. Full appellate representation maximizes your chances of obtaining relief based on ineffective assistance claims.
When Focused, Limited Relief May Be Appropriate:
Sentencing Errors or Sentencing Appeal Only
If your conviction is sound but your sentence was imposed incorrectly or excessively, a focused appeal addressing only sentencing issues may be appropriate. This limited approach concentrates resources on challenging the sentence rather than the underlying conviction. Such appeals often succeed when new sentencing guidelines apply or mitigating factors were overlooked.
Single Clear Legal Issue for Review
When a single, well-defined legal error is apparent—such as an improper jury instruction or constitutional violation—a focused appeal addressing that specific issue may be sufficient. This streamlined approach can be cost-effective when the error directly affected your case outcome. However, your attorney should still assess whether additional issues warrant preservation for future remedies.
When to Pursue Criminal Appeals
Why Choose Law Offices of Greene and Lloyd for Your Appeal
When your freedom and future are at stake, you need appellate representation from attorneys who understand both trial procedure and appellate practice. Law Offices of Greene and Lloyd combines extensive criminal trial experience with focused appellate knowledge. We have successfully challenged convictions and sentences across Washington courts. Our attorneys approach each appeal with thorough case analysis, compelling legal writing, and persuasive oral argument. We maintain current knowledge of changing appellate standards and develop creative arguments tailored to your specific circumstances.
We understand the appellate process can feel overwhelming after conviction. Our team explains each step clearly and keeps you informed throughout the appeal. We pursue every viable legal argument and explore alternative post-conviction remedies that may strengthen your position. If initial appeals are unsuccessful, we continue advocating through additional remedies. Your appeal is not just a legal proceeding—it is your opportunity to challenge an unjust conviction. We treat your case with the dedication and urgency it deserves.
Contact Our Appeals Attorneys Today
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FAQS
How long do I have to file an appeal after conviction?
In Washington, you must file a notice of appeal within thirty days after sentencing. This deadline is mandatory and strictly enforced. If you miss this deadline, you may lose your right to appeal unless you can demonstrate good cause for the delay or file a late notice with court permission. It is critical to contact an appellate attorney immediately after conviction to ensure timely filing of your appeal. If circumstances prevent timely filing, you may request a continuance or file a motion for review of an untimely notice. Courts have discretion to extend deadlines for compelling reasons. Additionally, even if your direct appeal deadline passes, you may pursue post-conviction relief through other mechanisms such as habeas corpus petitions or motions for sentence modification that have different filing requirements.
What grounds can I appeal my criminal conviction on?
Criminal convictions can be appealed on numerous grounds, including trial errors, constitutional violations, prosecutorial misconduct, improper jury instructions, admission of prejudicial evidence, and ineffective assistance of counsel. The key requirement is that the error affected the trial outcome or violated a fundamental right. Not all trial errors warrant reversal—courts consider whether errors were harmless or harmless beyond reasonable doubt in some circumstances. Newly discovered evidence that was unavailable at trial may also support post-conviction relief. Additionally, if sentencing laws changed after your conviction, you may appeal based on new sentencing standards. Your appellate attorney will review your entire trial record to identify all viable appeal grounds and determine which issues have the strongest chance of success.
Can I appeal if I had inadequate trial representation?
Yes, absolutely. If your trial attorney failed to adequately prepare, investigate, or present a defense, you may appeal based on ineffective assistance of counsel. To succeed, you must show both that your attorney’s performance fell below professional standards and that this deficiency prejudiced your case outcome—meaning the trial result would likely have been different. Courts recognize that everyone deserves competent representation, and inadequate trial counsel is grounds for reversal. Ineffective assistance claims require detailed analysis of your trial attorney’s actions and omissions compared to what competent counsel would have done. This often involves reviewing investigative opportunities your attorney missed, witnesses not called, evidence not presented, or strategic decisions not explained. Our appellate team can evaluate whether your situation involves viable ineffective assistance grounds.
What is the difference between direct appeal and post-conviction relief?
A direct appeal challenges the trial court’s judgment based on the existing trial record. You appeal errors that occurred at trial, raising questions about whether the conviction and sentence were legally sound. Direct appeals typically address trial procedure, evidentiary issues, and jury instructions. Post-conviction relief mechanisms, such as habeas corpus petitions, allow you to raise claims that may go beyond the trial record—such as newly discovered evidence or claims of constitutional violation that couldn’t be raised at trial. If your direct appeal is unsuccessful, post-conviction relief may still be available. Additionally, some issues—like ineffective assistance of counsel—can be raised either on direct appeal or through post-conviction proceedings. Your attorney will advise which remedies are most appropriate and promising for your situation.
Can I get bail or stay out of prison while appealing my conviction?
While your direct appeal is pending, you may request bail pending appeal, which allows you to remain free while the appellate court considers your case. To obtain bail pending appeal, you generally must show that your appeal raises substantial questions of law or fact that are likely to result in reversal or new trial, and that you are not a flight risk or danger to the community. Trial courts have discretion to grant or deny bail pending appeal requests. If bail is initially denied, you can renew your request with the appellate court. Additionally, if you are incarcerated and circumstances change during the appeal process, you can file motions seeking release. Our team will pursue all available options to secure your release pending appeal if that is in your interest.
What happens during oral argument in an appeal?
Oral argument is a hearing before a panel of appellate judges where your attorney presents the case in person. Unlike trials, no new evidence is presented. Instead, your attorney discusses the legal issues raised in your brief and responds to judges’ questions about why your conviction or sentence should be reversed. Judges often ask challenging questions to test the strength of arguments, and your attorney must be prepared to respond persuasively and accurately. Oral argument typically lasts 15-30 minutes depending on the court and complexity of issues. Strong oral advocacy can influence appellate outcomes. Not all appeals include oral argument—courts may decide cases on the briefs alone. Our appellate team prepares thoroughly for oral argument, anticipating judicial concerns and developing responses that strengthen your appeal.
How much does a criminal appeal cost?
Appeal costs vary significantly depending on case complexity, number of issues, and whether oral argument is required. Factors affecting cost include trial transcript preparation, legal research, brief writing, and court filing fees. Some appeals may cost several thousand dollars, while complex cases with multiple issues may exceed that range. We provide cost estimates after reviewing your case and discussing your appeal goals. If you cannot afford an appeal, you may qualify for a public defender appellate attorney. We can advise whether you meet indigency requirements or discuss payment plans for private representation. We also prioritize efficiency in handling your appeal to minimize unnecessary costs while ensuring thorough, high-quality representation.
Can I appeal my sentence without appealing my conviction?
Yes, you can appeal your sentence independently of appealing your conviction. If the trial itself was fair but your sentence was imposed improperly or excessively, you may file a sentence appeal. Common grounds for sentence appeal include departure from sentencing guidelines without adequate justification, failure to consider mitigating factors, or imposition of an illegal sentence. Sentence appeals may be more efficient than challenging the entire conviction. However, if your conviction is based on trial error, it often makes sense to address the conviction on appeal as well. Your appellate attorney will advise whether a sentence-only appeal is advisable or whether challenging the conviction should be part of your overall appeal strategy.
What are my options if my initial appeal is denied?
If your direct appeal is unsuccessful, several additional remedies may be available. You can petition the Washington Supreme Court for review, requesting that they reconsider the appellate court’s decision. You may also pursue federal habeas corpus relief in federal court, raising claims about constitutional violations that occurred at trial. Additionally, if new evidence becomes available, you may file a motion for new trial or post-conviction relief petition. Different post-conviction mechanisms have varying timeframes and requirements. Our firm will evaluate your situation after an unsuccessful appeal and advise which additional remedies are most promising. We continue advocating for your rights through every available legal channel.
How long does the appeal process take in Washington?
The criminal appeal process in Washington typically takes one to three years, though timelines vary significantly. After notice of appeal is filed, you have time to retain appellate counsel and develop your appellate strategy. The appellant’s brief is usually due within 90 days, followed by the state’s response brief. After briefing is complete, the court may schedule oral argument or decide your appeal on the briefs alone. Appellate courts generally issue decisions within several months after briefing is complete, though courts may take longer in complex cases. If you pursue post-conviction relief after an unsuccessful direct appeal, additional time may be required. Your attorney will provide realistic timelines based on your specific appeals and keep you informed throughout the process.