Post-Conviction Appeal Services
Appeals Lawyer in Kalama, Washington
Criminal Appeals and Post-Conviction Relief
If you’ve been convicted of a crime, an appeal may provide an opportunity to challenge the conviction or sentence through the appellate court system. At Law Offices of Greene and Lloyd, we understand that the appellate process is complex and time-sensitive. Our team helps Kalama residents navigate appeals, reviewing trial records for legal errors, procedural mistakes, or ineffective assistance claims that could affect your case outcome. We work diligently to develop compelling arguments for reversal or sentence modification.
Why Appeals Matter in Criminal Cases
An appeal serves as a critical check on the trial process, allowing appellate courts to review whether legal errors occurred that may have affected your rights or the fairness of proceedings. Appellate review can identify trial errors, such as improper jury instructions, evidentiary issues, or constitutional violations. Successfully appealing a conviction or obtaining sentence modification can result in a new trial, acquittal, or reduced punishment. Even when full reversal isn’t possible, appellate relief may strengthen your position for future legal remedies. Taking action promptly is essential since appeal deadlines are strict.
Greene and Lloyd's Appellate Law Background
Understanding the Appellate Process
The appellate process is fundamentally different from trial proceedings. Rather than presenting new evidence or witness testimony, appellate courts review the record from your trial to determine whether legal errors occurred that warrant reversal or resentencing. This includes examining jury instructions, evidentiary rulings, prosecutorial conduct, and whether your trial attorney provided adequate representation. We analyze the complete trial record, identify preservable issues, and develop legal theories that support overturning your conviction or reducing your sentence through appellate briefing and oral argument.
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Key Terms in Criminal Appeals
Direct Appeal
A direct appeal challenges a conviction or sentence by reviewing the trial record for legal errors, constitutional violations, or procedural mistakes that occurred during your trial or sentencing hearing.
Ineffective Assistance of Counsel
A claim that your trial attorney’s performance was so deficient and prejudicial that it violated your right to adequate legal representation under the Sixth Amendment.
Post-Conviction Relief
Legal remedies available after conviction, including motions for new trial, sentence modification, and collateral attacks that challenge the validity of your conviction based on new evidence or legal grounds.
Standard of Review
The legal standard an appellate court applies when examining whether a trial error occurred and whether that error warrants reversal, such as de novo review for legal questions or clear error review for factual findings.
PRO TIPS
File Your Appeal on Time
Washington has strict deadlines for filing criminal appeals, typically thirty days from sentencing or entry of judgment. Missing this deadline can permanently eliminate your right to appeal. Contact an attorney immediately after conviction to ensure your appeal is filed within the legal timeframe and all necessary notices are submitted to preserve your rights.
Preserve Issues for Appeal
Many appellate issues must be objected to or raised during trial to be preserved for appeal. If your trial attorney failed to object to errors or preserve issues, this may become part of an ineffective assistance claim. Documenting objections, motions, and trial errors is critical for building a strong appellate case.
Gather Complete Trial Records
Your appellate attorney will need the complete trial transcript, evidence exhibits, jury instructions, and sentencing documents to conduct a thorough review. Obtaining these records promptly ensures your attorney can identify all potential issues without delay. Incomplete records may limit the arguments that can be raised on appeal.
Comparing Appeal Strategies
When Full Appellate Representation Is Necessary:
Conviction Based on Questionable Evidence or Trial Errors
If your conviction rested on weak evidence, improper jury instructions, or evidentiary errors, a comprehensive appeal can challenge these issues systematically. Our firm conducts thorough record review to identify all reversible errors and develops multi-faceted appellate arguments. Full representation ensures no viable legal theory is overlooked in pursuing conviction reversal.
Excessive or Disproportionate Sentencing
When sentences appear harsh compared to similar cases or fail to account for mitigating factors, comprehensive appellate representation can challenge sentencing decisions. We develop detailed sentencing appeals arguing proportionality, failure to consider relevant factors, or abuse of discretion. Strategic appellate advocacy may result in significant sentence reduction.
When Focused Appellate Arguments May Suffice:
Clear Harmless Error or Preservation Issues
Some trial errors, while real, may be deemed harmless or require preservation objections that weren’t made. In such situations, focused appeals addressing only viable issues may be appropriate. Your attorney can advise whether concentrating on specific strong arguments serves your interests better than raising numerous weaker claims.
Procedural Barriers to Reversal
When appellate courts have limited ability to reverse due to procedural rules or standards of review, alternative strategies like post-conviction relief motions or collateral attacks may be more effective. Strategic litigation planning determines whether direct appeal, post-conviction relief, or combination approaches maximize your chances of success.
Common Situations Requiring Appeals
Why Choose Law Offices of Greene and Lloyd for Your Appeal
Our firm combines deep knowledge of Washington criminal procedure with proven appellate advocacy skills. We understand the Court of Appeals and Supreme Court systems, knowing how judges analyze briefs, what arguments resonate, and how to present issues persuasively. Our appellate experience extends across diverse criminal cases, from drug offenses to violent crimes, white-collar crimes, and juvenile matters. We provide thorough record review, creative legal analysis, and strategic presentation designed to achieve the best possible outcome for your case.
When your freedom or sentence is at stake, appellate representation cannot be delayed or delegated to inexperienced practitioners. Greene and Lloyd provides committed representation that treats your appeal with the urgency and attention it deserves. We communicate clearly throughout the appellate process, explaining strategy and keeping you informed of developments. Our goal is securing reversal, sentence modification, or other relief that changes your legal situation for the better. Contact us immediately if you’re considering an appeal—deadlines wait for no one.
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FAQS
How long do I have to file an appeal in Washington?
Washington law requires that criminal appeals be filed within thirty days of sentencing or entry of judgment. This deadline is strict and cannot be extended absent extraordinary circumstances. However, if you did not appeal directly, you may still pursue post-conviction relief motions within one year of sentencing, though longer delays may apply for certain claims. It is critical to act immediately if you believe your conviction or sentence was improper, as missing the appeal deadline permanently eliminates your right to direct appellate review. If you are unsure whether your appeal deadline has passed, contact our office right away for evaluation. We can review your sentencing documents and advise whether direct appeal, post-conviction relief, or other remedies remain available. Do not delay—every day brings you closer to the expiration of appellate rights.
What is the difference between a direct appeal and post-conviction relief?
A direct appeal challenges your conviction or sentence by reviewing the trial record for legal errors that occurred during trial or sentencing. It must be filed within thirty days of judgment and focuses on issues that were either preserved through trial objections or can be raised as plain error. The appellate court reviews only what happened at trial and the record before the trial judge. Post-conviction relief, in contrast, allows you to raise issues not preserved at trial and can incorporate new evidence discovered after conviction. Post-conviction motions include claims of ineffective assistance, newly discovered evidence, and other grounds for relief. These can be pursued longer after conviction than direct appeals and provide different avenues for challenging your judgment.
Can I appeal if I pleaded guilty?
Yes, you can appeal even if you pleaded guilty, though the scope of appealable issues is narrower. When you plead guilty, you generally waive the right to challenge guilt, but you can still appeal illegal sentences, sentencing errors, ineffective assistance of counsel regarding the plea decision, and violations of the plea agreement. An appellate attorney can evaluate whether your guilty plea was knowing and voluntary, whether your attorney adequately advised you of consequences, or whether the sentence was improper under law. Appellate challenges to guilty pleas often focus on whether the trial court properly explained your rights before accepting the plea and whether any constitutional violations occurred. If your attorney failed to adequately represent you during plea negotiations or failed to object to sentencing issues, these claims may support post-conviction relief even when guilty plea waives other issues.
What does the appellate court review on appeal?
The appellate court reviews the trial record, including transcripts, exhibits, jury instructions, and sentencing documents, to determine whether legal errors occurred. Appellate courts do not hear new evidence or witness testimony; instead, they examine whether the trial was conducted fairly under law. They look for constitutional violations, improper jury instructions, evidentiary errors, prosecutorial misconduct, and other issues that may have affected the trial’s fairness or validity. Appellate courts apply different standards of review depending on the error type. Legal questions are reviewed de novo (fresh review without deference to trial judge), while factual findings may receive more deference. The court asks whether any error was harmless—meaning it did not affect the outcome—or whether reversal is warranted. This review process is thorough but limited to the record already created during trial.
How much does an appellate attorney cost?
Appellate attorney fees vary depending on case complexity, the number of issues raised, and whether post-conviction relief or multiple appeals are anticipated. Some attorneys charge hourly rates ranging from $150 to $400 per hour, while others may offer flat fees for direct appeals. Our firm provides detailed fee discussions during the initial consultation, explaining costs and payment options. Many clients arrange payment plans to manage appellate legal fees. If you cannot afford an appellate attorney, you may request appointment of a public defender or appellate public defender at no cost. The state will appoint counsel if your income qualifies. Our office can discuss your financial situation and help you understand available options for obtaining representation.
What is ineffective assistance of counsel?
Ineffective assistance of counsel occurs when your trial attorney’s performance was so deficient that it violated your constitutional right to adequate representation under the Sixth Amendment. To succeed on this claim, you must show that your attorney’s performance fell below standards for reasonable representation and that you were prejudiced by the deficiency—meaning the error had a reasonable probability of affecting the trial outcome. Examples include failing to investigate defenses, missing objections to evidence, providing poor trial strategy, or failing to raise obvious motions. These claims can be raised on appeal or through post-conviction relief motions and require detailed factual development showing exactly how your attorney’s conduct was inadequate. A strong ineffective assistance claim can result in conviction reversal and a new trial.
Can I get a new trial through appeal?
Yes, successfully appealing a conviction can result in a new trial, reversal, or acquittal depending on the type of error and the appellate court’s determination. If the appellate court finds that a constitutional violation, trial error, or ineffective assistance occurred and prejudiced your defense, it may reverse your conviction and remand for a new trial. In some cases, particularly when evidence of guilt is insufficient, the court may order acquittal rather than requiring another trial. A strong appellate case can fundamentally change your legal situation. Alternatively, if reversal is unlikely, appeal may succeed in reducing your sentence through sentencing modification arguments. Even when full conviction reversal is not possible, appellate relief may improve your legal position through other means.
How long does the appellate process take?
The appellate timeline varies depending on the court and case complexity. Direct appeals in the Court of Appeals typically take six months to two years from filing to decision. Washington Supreme Court appeals move more slowly and may take one to three years or longer. Post-conviction relief motions may require additional time if the court orders factual development or evidentiary hearings. During the process, your attorney prepares a detailed brief, the prosecution responds, and oral argument may be scheduled. While the process takes time, the appellate court’s thorough review increases the chances that any legal errors will be identified. Patience during the appellate process is necessary, though we work efficiently to advance your case through each stage.
What are the chances of winning an appeal?
Appeal success rates depend entirely on the specific facts and legal issues in your case. Strong appeals based on clear legal errors, constitutional violations, or inadequate attorney representation have higher success rates. Appeals based on weak legal theories or harmless errors face greater challenges. Our evaluation during consultation assesses the viability of potential issues and provides realistic assessment of appeal prospects. Even when outright reversal is unlikely, appellate representation may result in sentence modification, preservation of issues for future relief, or other beneficial outcomes. The key is identifying the strongest possible arguments and presenting them persuasively to the appellate court.
Do I have the right to an appellate attorney if I cannot afford one?
Yes, if you cannot afford an appellate attorney, you have the right to court-appointed counsel at state expense. Washington provides appellate public defenders who handle cases for indigent defendants. You can request appointed counsel by filing a motion in your trial court after conviction. The court will consider your financial situation and appoint counsel if you qualify based on income and assets. If you prefer private representation, discuss payment arrangements with our office. We work with clients to find financial solutions, including payment plans, to ensure you have the appellate representation you need.