Post-Conviction Appeals Support
Appeals Lawyer in Inglewood-Finn Hill, Washington
Criminal Appeals and Post-Conviction Relief Guide
If you have been convicted of a crime and believe errors were made during your trial, an appeals process may provide an opportunity to challenge that conviction. The Law Offices of Greene and Lloyd represents clients throughout Inglewood-Finn Hill and King County who seek to overturn or modify their convictions through appeals. Our legal team reviews trial records, identifies potential grounds for appeal, and builds compelling arguments to present before appellate courts. Whether your case involves procedural errors, ineffective assistance of counsel, or other substantive issues, we work diligently to protect your rights and pursue the best possible outcome.
Why Appeals Matter in Criminal Cases
Appeals provide a critical avenue for addressing errors that occurred during your original trial or sentencing. Even if you were represented at trial, post-conviction review can uncover issues that were not previously identified or challenged. A successful appeal may result in reversal of your conviction, modification of your sentence, or remand for a new trial. Beyond the immediate legal outcome, appealing convictions demonstrates your commitment to protecting your record and future opportunities. The appellate process also creates a comprehensive record for potential federal review if necessary.
Our Firm's Appeals Practice and Attorney Background
How Criminal Appeals Work
The appellate process begins with determining whether grounds for appeal exist based on your trial record. Common grounds include trial errors, improper jury instructions, evidentiary issues, prosecutorial misconduct, or ineffective assistance of counsel. Your appellate attorney must file a notice of appeal within strict timeframes and then obtain the complete trial record. We thoroughly review all documents, transcripts, and evidence to identify viable issues. The appellate brief presents our legal arguments in writing, supported by case law and the factual record. The appellate court then reviews our arguments, may request oral argument, and ultimately issues a decision.
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Criminal Appeals Glossary
Notice of Appeal
A formal document filed with the court within a specific timeframe indicating your intent to appeal a conviction or sentence. Missing the deadline for filing a notice of appeal can forfeit your right to appellate review.
Standard of Review
The level of scrutiny an appellate court applies when examining trial court decisions. Different standards apply depending on whether the issue involves law, discretion, or fact-finding.
Appellate Brief
A written argument presented to the appellate court outlining legal errors from the trial and citing relevant case law and constitutional provisions supporting reversal or modification of the conviction.
Ineffective Assistance of Counsel
A constitutional claim that your trial attorney’s performance was deficient and that this deficiency prejudiced your defense, potentially providing grounds for appeal or post-conviction relief.
PRO TIPS
File Your Notice of Appeal Promptly
Washington law imposes strict deadlines for filing a notice of appeal after conviction or sentencing. Failure to file within the required timeframe can permanently eliminate your right to appellate review. Contact an attorney immediately following your conviction to ensure compliance with all procedural requirements and preservation of your appellate rights.
Preserve Issues for Appeal During Trial
Many appellate arguments require that the issue was properly objected to or addressed at trial. If your trial attorney failed to preserve important issues, your appellate options may be limited. Our attorneys review whether trial counsel adequately protected your record and whether we can raise unpreserved issues under appropriate exceptions.
Consider Ineffective Assistance of Counsel Claims
If your trial attorney’s performance fell short of acceptable standards, you may have grounds for post-conviction relief based on ineffective assistance of counsel. This constitutional argument has specific requirements but can provide relief even when direct appeal grounds are limited. Our team evaluates trial counsel’s performance and whether it contributed to an unreliable verdict.
Appeals vs. Other Post-Conviction Remedies
When to Pursue Appeals and When to Consider Alternatives:
Direct Appeals for Trial Court Errors
Direct appeals are appropriate when specific errors occurred at trial that may have affected the verdict or sentence. These could include improper jury instructions, evidentiary rulings, or procedural errors. A comprehensive appellate review identifies all potential issues and presents them in the strongest possible manner.
Ineffective Assistance Claims Requiring Detailed Investigation
Post-conviction relief based on ineffective assistance of counsel requires thorough investigation and analysis of trial counsel’s performance. Comprehensive legal representation involves comparing actual performance to prevailing professional standards and demonstrating how deficiencies prejudiced your defense. This detailed work often requires expert evaluation and extensive briefing.
When Simpler Post-Conviction Options May Apply:
Procedural Motions After Sentencing
In some cases, a motion to reconsider sentence or other procedural motion to the trial court may address concerns without requiring full appellate review. These motions can be effective when facts or circumstances have changed after sentencing. Limited motion practice may sometimes resolve issues more quickly than appellate proceedings.
Resentencing or Sentencing Modification Requests
When sentencing is your primary concern rather than conviction validity, specific motions for resentencing or modification may be available. Recent changes to sentencing laws sometimes provide grounds for reduced sentences without appealing the underlying conviction. Our attorneys evaluate whether this targeted approach serves your interests better than comprehensive appeal.
Situations Where Criminal Appeals Apply
Why Choose Greene and Lloyd for Your Appeal
The Law Offices of Greene and Lloyd combines extensive appellate experience with a deep commitment to client advocacy. Our attorneys understand both the procedural requirements of appellate practice and the substantive legal principles that govern post-conviction relief. We bring strategic thinking to each case, identifying the strongest arguments and presenting them persuasively to appellate courts. Our firm maintains relationships with the King County courts and appellate tribunal, understanding local procedures and judicial preferences. We handle every aspect of the appellate process from initial case review through final decision and any necessary motions.
We recognize that appeals represent your final opportunity to overturn a conviction or modify a sentence through the courts. This responsibility drives our meticulous attention to detail and our refusal to overlook potential issues or arguments. Our attorneys communicate regularly with clients about case progress, legal strategy, and expected outcomes. We provide realistic assessments of appellable issues while remaining committed to pursuing every viable avenue for relief. Your case receives individualized attention from attorneys who understand the importance of this proceeding to your future.
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FAQS
What is the deadline for filing an appeal after conviction?
Washington law requires that a notice of appeal be filed within 30 days of the trial court’s judgment of conviction or sentencing. This deadline is strict and cannot be extended except in rare circumstances. If you miss this deadline, you may lose your right to appellate review entirely. We strongly recommend contacting an attorney immediately after conviction to ensure this critical deadline is met. Our office can file your notice of appeal and ensure all procedural requirements are satisfied. In some situations, you may file a motion to extend the deadline if there are exceptional circumstances, but this requires immediate action. Additionally, certain post-conviction remedies have different deadlines, such as motions under CrR 4.191 for new trials based on newly discovered evidence. Each type of post-conviction proceeding has specific timeframes that must be observed.
What grounds can I appeal my conviction on?
Common grounds for appeal include trial court errors in admitting or excluding evidence, improper jury instructions, prosecutorial misconduct, ineffective assistance of counsel, and constitutional violations. Your appellate attorney must review your complete trial record to identify which issues are properly preserved for appeal and have merit under applicable law. Not every trial error provides grounds for reversal—the appellate court must determine whether the error was harmless or whether it affected the guilty verdict. We conduct a thorough case analysis to identify all potential grounds for relief. Some grounds for relief are available only through post-conviction motions or petitions rather than direct appeal, such as newly discovered evidence or claims based on ineffective assistance of counsel. We evaluate which remedies are most appropriate for your specific situation and develop a strategic plan to pursue relief through the most promising avenue.
Can I appeal if I accepted a plea agreement?
Appeals following a guilty plea are more limited than those after trial, but are still possible in certain circumstances. Generally, you can appeal only issues that occurred before the plea was entered or that relate to whether the plea was knowing and voluntary. You cannot appeal the conviction itself based on trial errors that didn’t occur because there was no trial. However, if your trial attorney failed to investigate or present information about potential sentence modifications, or if plea agreements contained errors, these issues may be appealable. Additionally, ineffective assistance of counsel claims at the plea stage are possible if counsel’s deficient performance made the plea involuntary or uninformed. Changes to sentencing law after your plea may also provide grounds for resentencing relief. We review plea cases carefully to determine what appellate options exist and whether post-conviction relief is available.
What does the appellate process involve?
The appellate process begins with filing a notice of appeal and ordering the trial record. We review all trial documents, transcripts, and evidence to identify issues for appeal. We then prepare and file an appellate brief presenting our legal arguments, supported by the trial record and applicable case law. The prosecution files a response brief, and we may file a reply brief. Many cases are decided based on the written briefs alone, though some cases proceed to oral argument before the appellate panel. The appellate court reviews the trial record under the applicable standard of review and issues a written decision. If successful, the court may reverse the conviction, modify the sentence, or remand for a new trial. If unsuccessful, you may have options for further review through petition for review to the Washington Supreme Court or federal habeas corpus proceedings. Throughout this process, we guide you through each step and explain how developments affect your case.
How long does an appeal typically take?
Criminal appeals typically take one to two years from the time of filing through final decision by the appellate court. Delays can occur due to court backlogs, need for supplemental briefing, or request for oral argument. We manage our appellate schedules efficiently to move your case forward while ensuring thorough preparation. Some cases move faster if issues are straightforward, while complex cases with multiple issues may require extended time for research and briefing. Post-conviction motions may be resolved more quickly, sometimes within months of filing. Federal appellate review through habeas corpus petitions can take several years if pursued. We provide realistic timelines for your specific case and explain what to expect at each stage. While appeals require patience, the potential benefit of overturning a conviction or modifying a sentence justifies the investment of time.
What is ineffective assistance of counsel and how do I prove it?
Ineffective assistance of counsel is a constitutional claim that your trial attorney’s performance was deficient and that this deficiency prejudiced your defense, likely resulting in an unreliable verdict. To succeed on this claim, you must demonstrate both prongs: that counsel’s performance fell below an objective standard of reasonableness, and that the deficient performance undermined confidence in the guilty verdict. This requires comparing actual trial conduct to what a reasonably skilled attorney would have done under similar circumstances. Common ineffective assistance claims involve failure to investigate, failure to interview witnesses, poor trial strategy, or failure to raise available defenses. Proving this claim requires detailed analysis of trial counsel’s files, decisions, and results. We often need to obtain expert opinions regarding trial strategy or obtain declarations from witnesses about what information trial counsel failed to develop. This claim requires substantial work but can provide relief even when direct appeal grounds are limited.
Can my sentence be reduced on appeal?
Sentences can sometimes be modified or reduced through appellate proceedings or post-conviction motions. Grounds for sentence reduction may include errors in calculating the sentence, failure to consider relevant mitigating factors, or changes in sentencing law that provide relief. Recent changes to Washington sentencing statutes have created opportunities for resentencing in some cases. We evaluate whether your sentence was properly calculated and whether new law provides potential for modification. Additionally, if your conviction is reversed or modified on appeal, your sentencing may be reconsidered by the trial court. Some post-conviction motions seek sentencing modification based on newly discovered information or changed circumstances. While appellate courts review sentences more deferentially than convictions, opportunities for sentence reduction do exist. We analyze your sentencing thoroughly to identify all potential grounds for modification.
What happens if my appeal is unsuccessful?
If your appeal is unsuccessful at the Washington appellate level, you may have options for further review. You can petition the Washington Supreme Court for review, though this court accepts only a limited number of cases. If your case involves federal constitutional issues, you may pursue federal habeas corpus relief in federal court. These further proceedings can sometimes succeed even when state appeals were unsuccessful due to different legal standards or development of new legal theories. We discuss all available options with you and explain the likelihood of success for each remedy. While unsuccessful appeals are disappointing, they don’t necessarily end your pursuit of relief. We maintain commitment to your case and help you understand what next steps, if any, make sense for your situation.
How much does a criminal appeal cost?
Appeal costs vary depending on case complexity, number of issues, and whether oral argument is requested. We provide detailed fee estimates after reviewing your case and can discuss payment arrangements. Some appeals are more straightforward and require less time, while others with multiple complex issues require substantial research and briefing. We work efficiently to manage costs while ensuring thorough preparation. Many clients find the potential benefit of overturning a conviction or reducing a sentence justifies the investment in appellate representation. We also discuss options for public funding if you qualify as indigent, and we can explain costs for different appellate strategies. Transparency about fees and costs is important to us, and we ensure you understand what to expect financially before proceeding.
Should I file an appeal even if my trial attorney was good?
Yes, even attorneys who provided solid trial representation may have missed appellable issues. Different skill sets are required for trial and appellate work, and appellate attorneys sometimes identify issues that trial attorneys didn’t recognize or preserved during trial. Additionally, new legal developments may provide grounds for relief that didn’t exist at the time of trial. An objective appellate review by fresh eyes often identifies arguments worth pursuing. Even if your trial attorney was capable, their judgment about what to appeal may differ from an appellate attorney’s assessment. We provide a comprehensive case review to identify all potential grounds for relief and help you make informed decisions about whether to pursue an appeal. There is often more value in appealing than people initially realize.