Post-Conviction Appeal Relief
Appeals Lawyer in Freeland, Washington
Criminal Appeals and Post-Conviction Relief Services
If you have been convicted of a crime in Washington, an appeal may provide your best opportunity to challenge the conviction or sentence. The Law Offices of Greene and Lloyd represent individuals throughout Freeland and Island County who believe their trial was unfair, their constitutional rights were violated, or their sentence was unjust. Our legal team understands the appellate process and works diligently to identify errors that occurred during trial or sentencing that may warrant reversal or modification.
Why Criminal Appeals Matter
A criminal conviction can have devastating consequences for your freedom, employment, housing, and family relationships. Appeals offer a critical second chance to challenge convictions based on legal errors, ineffective assistance of counsel, or newly discovered evidence. The appellate process allows skilled attorneys to review your case with fresh perspective and identify issues that may not have been apparent during trial. Successfully appealing a conviction or reducing a sentence can mean the difference between years of imprisonment and your return to your family and community.
Our Approach to Criminal Appeals
Understanding Criminal Appeals in Washington
Criminal appeals in Washington involve asking a higher court to review your conviction or sentence based on errors that occurred during trial or sentencing. Appeals focus on questions of law rather than new evidence, and the appellate court reviews the trial record to determine if legal errors affected the outcome. The appellate process is complex and technical, requiring thorough understanding of procedural rules and substantive criminal law. Common grounds for appeal include ineffective assistance of counsel, constitutional violations, erroneous jury instructions, and improper admission or exclusion of evidence.
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Key Terms in Criminal Appeals
Direct Appeal
A direct appeal is the first level of appellate review following a criminal conviction, where the defendant challenges errors that occurred during trial or sentencing. The appellate court reviews the trial record to determine if legal errors were made and whether those errors were harmless or require reversal of the conviction.
Ineffective Assistance of Counsel
This claim asserts that your trial attorney’s performance fell below professional standards and that this deficient performance prejudiced your defense, resulting in an unreliable conviction. Courts evaluate whether counsel’s actions were reasonable and whether the outcome would have been different with adequate representation.
Harmless Error
Harmless error refers to a legal mistake made during trial that the appellate court determines did not affect the outcome or your substantial rights. Not all trial errors require reversal; courts must determine whether errors were harmless beyond a reasonable doubt.
Post-Conviction Relief
Post-conviction relief encompasses various legal remedies available after conviction, including claims based on newly discovered evidence, constitutional violations, or changes in law. These remedies provide opportunities to challenge convictions when direct appeal has been exhausted or is no longer available.
PRO TIPS
Act Quickly on Your Appeal
Washington law imposes strict deadlines for filing criminal appeals, typically within thirty days of sentencing. Missing these deadlines can permanently waive your right to appeal. Contact an attorney immediately after conviction to ensure your appeal is filed timely and all procedural requirements are met. Acting swiftly preserves all available options for challenging your conviction.
Preserve Trial Record Issues
Many appellate issues must be raised during trial through timely objections and motions for mistrial. If your attorney failed to object to problematic evidence or jury instructions, you may need to raise ineffective assistance of counsel claims. Thorough review of your trial transcript by an appellate attorney can identify both preserved issues and failures to preserve that affected your defense.
Explore All Available Remedies
Direct appeal is not your only option for challenging a conviction. Washington provides numerous post-conviction remedies including motions for reconsideration, claims based on newly discovered evidence, and petitions for review. An experienced appeals attorney evaluates your complete situation and pursues the most promising avenues for relief available under state and federal law.
Understanding Your Legal Options After Conviction
When Comprehensive Appeal Representation Matters:
Significant Trial Errors or Constitutional Violations
When trial courts make significant legal errors—such as denying you the right to counsel, admitting illegally obtained evidence, or giving improper jury instructions—comprehensive appellate representation becomes essential. These errors may undermine the entire validity of your conviction and warrant full appellate review. A dedicated appeals attorney identifies these issues and presents persuasive arguments for reversal.
Ineffective Assistance of Counsel Claims
If your trial attorney failed to adequately investigate, raise defenses, or object to improper evidence, you may have grounds for an ineffective assistance claim. Comprehensive appellate representation involves analyzing trial strategy decisions and demonstrating how deficient performance prejudiced your defense. These complex claims require thorough factual and legal development to succeed.
When Focused Appeal Strategies Apply:
Clear, Preserved Legal Issues
When specific legal issues were properly objected to at trial and preserved in the record, a focused appeal may address those particular questions without extensive factual development. A streamlined appellate strategy can effectively challenge erroneous jury instructions, evidentiary rulings, or other preserved errors that directly affected your conviction.
Sentencing Issues Without Conviction Challenges
When you accept the guilty verdict but believe your sentence was excessive or imposed in violation of sentencing law, an appeal focused solely on sentencing issues may be appropriate. This approach challenges the sentence while leaving the conviction intact, which can be effective when sentencing errors are substantial or statutory guidelines were misapplied.
Common Situations Requiring Appeal Representation
Why Choose Law Offices of Greene and Lloyd for Your Appeal
The Law Offices of Greene and Lloyd brings extensive appellate and criminal defense experience to every case. Our attorneys understand the Washington appellate system, state and federal appellate procedures, and the substantive law governing criminal convictions and sentences. We provide thorough case analysis, identifying all viable grounds for relief and pursuing those most likely to succeed. Your freedom and future matter to us, and we approach every appeal with the dedication and skill it deserves.
We recognize that the appellate process is your opportunity to correct injustice and protect your fundamental rights. Our team works within strict appellate deadlines to develop compelling written briefs and oral arguments. We listen carefully to your concerns, explain your options in clear language, and keep you informed throughout the process. When you need someone to fight for your freedom on appeal, contact the Law Offices of Greene and Lloyd.
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FAQS
How long do I have to file a criminal appeal in Washington?
Washington law requires that criminal appeals be filed within thirty days of sentencing. This strict deadline is critical and missing it can permanently waive your right to appeal. If you need an extension, your attorney must request it within the initial thirty-day period. In some cases, post-conviction remedies may be available even after the appeal deadline passes, but these have their own strict timelines. It is essential to contact an appeals attorney immediately after conviction to ensure your deadline is met. We understand the urgency and prioritize filing your notice of appeal promptly while developing a comprehensive appellate strategy.
What is the difference between a direct appeal and post-conviction relief?
A direct appeal challenges your conviction or sentence based on errors appearing in the trial record. The appellate court reviews what happened at trial without hearing new evidence. This must be filed within thirty days of sentencing. Post-conviction relief, by contrast, can involve newly discovered evidence, claims that weren’t raised at trial, or changes in law that affect your case. Post-conviction relief includes motions for reconsideration, petitions based on newly discovered evidence, and claims of actual innocence. These remedies may be available after direct appeal is exhausted and sometimes have longer timeframes. Our attorneys evaluate both direct appeal and post-conviction options to pursue the most effective relief for your situation.
Can I appeal if I pleaded guilty?
Yes, you can appeal after a guilty plea, but your appeal is limited to issues that do not challenge the validity of your plea itself. You can appeal issues such as sentencing errors, illegal conditions of supervision, or errors in how the court calculated sentencing guidelines. You cannot directly appeal the conviction resulting from a knowing and voluntary guilty plea. However, you may be able to challenge your guilty plea itself through post-conviction relief if you can demonstrate that your plea was not knowing and voluntary, or that your attorney was ineffective in advising you about the plea. This requires showing either that your attorney failed to inform you of important consequences or that you did not understand the ramifications of your plea.
What is an ineffective assistance of counsel claim?
An ineffective assistance of counsel claim asserts that your trial attorney’s performance fell below the standard expected of competent criminal defense counsel and that this deficient performance prejudiced your defense. Examples include failing to investigate, not raising obvious defenses, inadequate cross-examination of witnesses, or sleeping during trial. To succeed, you must show both that counsel’s performance was deficient and that the outcome would have been different with adequate representation. These claims are complex and require careful development of both facts and legal argument. Our attorneys analyze your trial attorney’s decisions and strategy to identify instances where representation fell short and how that affected your case outcome. Ineffective assistance claims can result in reversal of your conviction and a new trial.
How much does a criminal appeal cost?
Appeal costs vary depending on the complexity of your case, the length of the trial record, and the number of issues being appealed. We offer flexible fee arrangements and understand that appellate representation is a significant investment. During your free consultation, we discuss costs transparently and explain what is included in our representation. We work to make quality appellate representation accessible to those who need it. Many clients find that the cost of a thorough appeal is worthwhile given the potential consequences of an unchallenged conviction. We can discuss payment plans and options to fit your circumstances. Contact us to discuss the specific costs associated with your appeal.
Can I get a new trial if my appeal is successful?
The outcome of a successful appeal depends on what error was found. If the appellate court determines that a trial error was not harmless and affected the verdict, it may reverse your conviction and remand for a new trial. You would then have the opportunity to defend yourself again at trial. Alternatively, the court may reverse your conviction outright if it determines the evidence was insufficient to support the verdict. In some cases, the appellate court may modify your sentence without reversing your conviction. This results in your release after serving the modified sentence rather than going to trial again. Our appellate attorneys work to achieve the best possible outcome—whether that is a new trial, release, or a significantly reduced sentence.
What happens during the appellate process?
The appellate process typically begins with filing a notice of appeal within thirty days of sentencing. We then obtain the trial record and conduct thorough analysis to identify issues for appeal. We prepare a written brief presenting legal arguments supported by the trial record and case law. The prosecutor files a response brief, and we may file a reply. Some appeals conclude based on the written briefs, while others involve oral arguments before the appellate court. Oral argument allows us to present your case directly to the appellate judges and answer their questions. Throughout the process, we handle all procedural requirements and deadlines. The appellate court then issues a decision either affirming your conviction, reversing it, or modifying your sentence. If you are unhappy with the appellate court’s decision, further review by the Washington Supreme Court or federal court may be available.
What is considered newly discovered evidence?
Newly discovered evidence is evidence that was not available at trial and that could reasonably have changed the outcome if presented. This might include witness statements recanting testimony, DNA evidence, discovery of prosecutorial misconduct, or evidence of actual innocence. The evidence must be evidence that a party exercising reasonable diligence could not have discovered before trial. Washington law allows post-conviction relief based on newly discovered evidence under specific circumstances. We investigate potential sources of new evidence and work to develop these claims when they exist. If you have information about evidence that was not presented at trial, we encourage you to discuss it with us to determine whether it may support post-conviction relief.
How long does an appeal take?
The appellate timeline depends on court scheduling, case complexity, and whether oral argument is granted. A direct appeal typically takes six to eighteen months from the notice of appeal to a decision. The process begins with obtaining and reviewing the trial record, which can take several months. We then have a deadline to file our opening brief, usually thirty to sixty days after the record is received. The prosecution responds, and we may file a reply brief. The court then decides whether to grant oral argument. If granted, we appear before the appellate judges. After oral argument, the court takes additional time to deliberate and issue its decision. While the process requires patience, we keep you informed throughout and work to advance your case as quickly as possible.
What should I do if I cannot afford an appeal?
If you cannot afford private counsel, you may be eligible for a public defender’s appellate division or other legal aid resources. Discuss your financial situation with the court during sentencing, and the judge can appoint counsel if you qualify. Public defender appellate divisions handle many appeals successfully and have experience with the appellate system. Alternatively, contact the Law Offices of Greene and Lloyd to discuss your situation. We sometimes work with clients on payment plans or sliding scale fees based on ability to pay. Do not let financial constraints prevent you from exploring your appeal options. Many cases that can result in reversal or sentence reduction are never appealed simply because people do not understand their options or know where to turn.