Post-Conviction Relief Options
Appeals Lawyer in Riverton, Washington
Criminal Appeals and Post-Conviction Defense
If you have been convicted of a crime and believe there were errors in your trial or sentencing, an appeal may provide an opportunity to challenge that conviction. The appeals process is complex and requires a thorough understanding of procedural rules and legal standards of review. At Law Offices of Greene and Lloyd, we help Riverton residents navigate the appellate system with dedicated representation that focuses on identifying viable grounds for appeal and presenting compelling arguments to higher courts.
Why Criminal Appeals and Post-Conviction Relief Are Critical
A criminal conviction can have lasting consequences affecting your employment, housing, family relationships, and future opportunities. Appeals and post-conviction relief mechanisms exist to correct errors and ensure justice is served fairly. Having skilled legal representation during the appellate process significantly increases the chances of identifying reversible errors, challenging improper rulings, or securing sentence modifications. The appellate courts can overturn convictions, order new trials, reduce sentences, or remand cases for further proceedings. These outcomes can fundamentally change the trajectory of your life, making experienced appellate advocacy invaluable.
Our Firm's Approach to Criminal Appeals
Understanding Criminal Appeals and Post-Conviction Relief
Criminal appeals are formal legal proceedings where a higher court reviews a conviction or sentence to determine whether legal errors occurred during trial. Unlike trial courts, appellate courts do not retry cases or hear new evidence; instead, they examine whether the trial was conducted fairly and whether the law was applied correctly. Appeals can challenge jury verdicts, judicial rulings, sentencing decisions, and the sufficiency of evidence. Post-conviction relief includes direct appeals, collateral appeals, and habeas corpus petitions that provide additional opportunities to challenge convictions based on newly discovered evidence or ineffective counsel claims.
Need More Information?
Key Terms in Criminal Appeals
Direct Appeal
A direct appeal is a request for review of a trial court conviction by a higher appellate court. It focuses on whether errors of law occurred during trial that affected the verdict or sentence. Direct appeals must be filed within strict deadlines after conviction and are the first step in challenging most criminal convictions.
Habeas Corpus Petition
A habeas corpus petition challenges the legality of detention or incarceration, typically based on constitutional violations or claims that the conviction itself was unlawful. These petitions provide relief when direct appeals are unsuccessful and address issues such as ineffective assistance of counsel or newly discovered evidence.
Appellate Brief
An appellate brief is a written legal document submitted to an appellate court that presents arguments for why a conviction or sentence should be overturned or modified. It includes statements of fact, legal arguments, case citations, and citations to the trial record supporting the request for relief.
Standard of Review
The standard of review is the legal test an appellate court applies when examining trial court decisions. Different standards apply to different issues—some require clear error, others require abuse of discretion. Understanding the applicable standard is crucial to framing appellate arguments effectively.
PRO TIPS
Act Quickly on Appeal Deadlines
Criminal appeals must be filed within specific timeframes after conviction, typically within thirty days for direct appeals in Washington. Missing these deadlines can result in waiving your right to appeal entirely. Contact an attorney immediately after conviction to ensure your appeal rights are protected and timely motion filed.
Preserve Issues for Appeal During Trial
Many appellate issues must have been properly objected to during trial to be reviewable on appeal. This is why having strong trial counsel who understands appellate implications is important. Even before conviction, trial attorneys should be thinking strategically about potential appeal arguments and preserving the record accordingly.
Explore All Post-Conviction Options
If a direct appeal is unsuccessful, additional post-conviction remedies may still be available, including collateral appeals, habeas corpus petitions, and motions for post-conviction relief. Each remedy has different standards and requirements. An experienced appellate attorney can evaluate your situation and determine which options offer the best chance of success.
Weighing Your Post-Conviction Options
When Comprehensive Appellate Representation Is Necessary:
Trial Court Errors and Constitutional Violations
When trial judges make errors in ruling on motions, admitting improper evidence, issuing incorrect jury instructions, or violating your constitutional rights, comprehensive appellate representation becomes essential. These errors may have substantially affected the fairness of your trial and warrant appellate review. A thorough appellate attorney will identify these issues and present compelling arguments for reversal.
Ineffective Assistance of Counsel Claims
If your trial attorney failed to provide adequate representation—missing deadlines, failing to investigate, making poor strategic decisions, or not presenting critical evidence—you may have grounds for a claim of ineffective assistance of counsel. These claims require careful legal analysis and documentation of how the attorney’s failures prejudiced your defense. Comprehensive representation is vital to pursuing this remedy effectively.
When More Limited Post-Conviction Review May Suffice:
Sentencing Issues Without Trial Errors
In some cases, the trial was fundamentally fair but the sentence imposed was excessive or improper under Washington sentencing law. Focused appellate arguments challenging only sentencing issues may provide the relief needed. This more limited approach concentrates resources on the specific sentencing problems rather than attacking the entire conviction.
Straightforward Legal Issues
When appeal issues are relatively straightforward—such as clearly erroneous jury instructions or a legal ruling that violates established precedent—a focused appellate strategy may efficiently address the problem. This approach works best when trial errors are clearly documented and the applicable law strongly supports your position without extensive factual investigation.
Common Situations Leading to Criminal Appeals
Why Choose Law Offices of Greene and Lloyd for Your Appeal
Our firm understands that a criminal conviction can feel final, but the appellate process provides a genuine opportunity to challenge that conviction and seek justice. We bring deep knowledge of Washington appellate procedure, keen attention to legal detail, and passionate advocacy to every case we handle. Our attorneys have successfully challenged convictions, reduced sentences, and secured post-conviction relief for clients throughout the region. We approach each appeal with the thoroughness and strategic thinking required to maximize your chances of success.
When you work with Law Offices of Greene and Lloyd, you gain representation from attorneys who view your appeal as a critical opportunity to right wrongs and protect your future. We carefully review your trial record, identify viable appellate arguments, research applicable case law extensively, and craft compelling briefs that resonate with appellate judges. We handle all communication with the court, manage procedural requirements, and prepare you for oral arguments if needed. Your success is our priority, and we commit ourselves fully to pursuing every available avenue for post-conviction relief.
Contact us today for a confidential consultation about your appeal options
People Also Search For
Post-Conviction Relief Washington
Criminal Appeal Lawyer
Habeas Corpus Petition
Ineffective Assistance of Counsel
Appellate Brief Writing
Sentencing Appeal
Constitutional Rights Violation
Direct Appeal Process
Related Services
FAQS
What is the deadline for filing a criminal appeal in Washington?
In Washington, a direct appeal must generally be filed within thirty days after the sentencing judgment is entered. This deadline is strict, and failure to file within this window can result in waiver of your appellate rights. However, there are limited circumstances where this deadline can be extended, such as when you file a motion for reconsideration or when circumstances warrant equitable tolling. It is critical to contact an appellate attorney immediately after conviction to ensure your rights are preserved and your notice of appeal is timely filed. If you miss the initial deadline, all is not necessarily lost. You may be able to file a late notice of appeal based on failure to receive notice of entry of judgment or other exceptional circumstances. Additionally, post-conviction relief through habeas corpus petitions or motions under Criminal Procedure Rule 35 may provide alternative paths to challenge your conviction or sentence. Consulting with an experienced appellate attorney quickly is essential to protect your options.
Can I appeal my conviction if I pleaded guilty?
Yes, you can appeal your conviction even if you pleaded guilty, though the grounds for appeal are somewhat more limited than appeals following trial. When you plead guilty, you generally waive the right to appeal the trial itself, but you can still appeal sentencing issues or challenge whether your guilty plea was knowing and voluntary. You can also appeal on grounds that your attorney was ineffective in advising you about the guilty plea or its consequences. If your attorney failed to inform you of collateral consequences or misled you about sentence recommendations, these failures may support an appeal. Additionally, if new evidence emerges that proves your innocence, or if there were prosecutorial misconduct or constitutional violations that occurred before or during the guilty plea process, these issues may be appealable. The key is that the appeal must focus on issues outside the trial record itself or on the validity and voluntariness of the plea. An appellate attorney can review your specific situation and explain what grounds might be available to challenge your guilty plea conviction.
What grounds can support a criminal appeal?
Criminal appeals can be based on numerous grounds, including trial court errors in ruling on motions, improper admission or exclusion of evidence, incorrect jury instructions, judicial bias or misconduct, insufficient evidence to support the verdict, constitutional violations, and sentencing errors. One common ground is ineffective assistance of counsel—the claim that your trial attorney failed to provide constitutionally adequate representation. Other grounds include prosecutorial misconduct, newly discovered evidence that would likely change the verdict, illegal searches or seizures, violation of your right to confrontation, and errors in applying Washington sentencing laws. The strength of each potential ground depends on the specific facts of your case, the trial record, and applicable case law. An appellate attorney reviews the entire trial record, examines whether issues were properly preserved, and identifies all viable grounds for appeal. Not every trial error will warrant reversal, but grounds that meet the legal standards for reversal or remand should be aggressively pursued. The complexity of appellate law means having skilled representation is essential to identifying and presenting your strongest arguments.
How long does the criminal appeals process take?
The appellate process timeline varies depending on the type of appeal and the court’s docket, but direct appeals in Washington typically take one to three years from filing to decision. After you file a notice of appeal, the trial court prepares and certifies the trial record, which may take several months. You then have time to prepare your appellate brief, after which the other side responds with their brief. Reply briefs and supplemental briefs may follow. After all briefs are filed, the appellate court reviews them and schedules oral arguments if appropriate. The time from briefing completion to the appellate court’s decision can range from several months to over a year, depending on the court’s workload and case complexity. Collateral appeals and habeas corpus petitions often take even longer, as they involve additional factual development and may proceed through multiple levels of review. While waiting for appeal decisions can be frustrating, the appellate process requires careful legal analysis and thorough briefing. Your appellate attorney will keep you informed of all deadlines and developments throughout the process.
What is ineffective assistance of counsel?
Ineffective assistance of counsel occurs when your trial attorney failed to provide constitutionally adequate representation, and that failure resulted in prejudicial errors that likely affected the outcome. This claim requires demonstrating two elements: first, that your attorney’s performance fell below an objective standard of reasonableness, and second, that this deficient performance prejudiced your defense by undermining confidence in the trial outcome. Examples include failing to conduct an adequate investigation, missing critical deadlines, failing to file necessary motions, misadvising you about plea options, or failing to present important evidence or witness testimony. Ineffective assistance claims are complex and require careful documentation of what your attorney should have done and how their failure harmed your case. You must establish not just that your attorney made mistakes, but that those mistakes were significant enough to fall below professional standards and that different representation likely would have changed the result. These claims can be raised on direct appeal or through post-conviction petitions. Pursuing this claim effectively requires skilled appellate representation and often involves expert analysis of trial strategy and criminal procedure.
Can I appeal my sentence without appealing my conviction?
Yes, you can appeal your sentence without appealing your conviction, a procedure called a sentence-only appeal. This option is available when you believe your sentence was improper, excessive, or imposed in violation of Washington sentencing law, even if the conviction itself was fairly obtained. Sentence appeals can challenge whether the trial court properly applied sentencing guidelines, failed to consider relevant factors, imposed an illegal sentence, or abused its discretion in determining the appropriate penalty. You might also appeal on grounds that newly discovered information about your background warrants a more lenient sentence. A sentence-only appeal is often more focused and may be more efficient than challenging the entire conviction. However, the appellate court’s review of sentencing decisions is limited—judges generally have discretion in sentencing decisions and must follow statutory requirements. Your appellate attorney will analyze whether your sentence was legal under Washington law and whether grounds exist to seek modification or resentencing. This approach works well when the trial was fundamentally fair but you believe the punishment imposed was inappropriate.
What happens during oral arguments on appeal?
Oral arguments on appeal are opportunities to present your appellate case directly to a panel of appellate judges. During oral arguments, your attorney stands before the court and presents the legal arguments contained in your appellate brief, answering questions from the judges. These arguments are typically limited to thirty minutes or less, though some courts allow more time. The opposing party also presents oral arguments. Oral arguments allow judges to clarify issues they find confusing or to explore aspects of the law they want to discuss in depth with the attorneys. Oral arguments are optional—you may waive them and let your appellate brief stand as your complete argument. However, oral arguments often provide valuable opportunities to emphasize your strongest points, correct misunderstandings, and directly address judges’ concerns. Effective oral advocacy requires thoroughly knowing your case, anticipating judges’ questions, and thinking quickly on your feet. Your appellate attorney will prepare extensively for oral arguments and can advise whether they are likely to help your case. Even if your case is fully briefed, the opportunity to present your position directly to the judges can make a meaningful difference.
What is a habeas corpus petition?
A habeas corpus petition is a legal challenge to unlawful detention or imprisonment. In criminal cases, habeas corpus is used to challenge the legality of a conviction or incarceration based on constitutional violations or other grounds showing the conviction is void. Habeas petitions are often filed after direct appeals are exhausted and may raise issues such as ineffective assistance of counsel, newly discovered evidence, prosecutorial misconduct, or other constitutional violations that weren’t addressed on direct appeal. These petitions can be filed in state or federal court, depending on your situation and what issues are being raised. Habeas corpus proceedings involve filing a written petition, answering from the government, and potentially an evidentiary hearing where witnesses can testify. These proceedings allow for development of facts that may not be fully documented in the trial record. Habeas petitions are valuable tools for addressing constitutional violations and claims requiring factual development beyond the trial record. However, habeas practice is complex and requires knowledge of both state and federal constitutional law and procedure. Having experienced representation is essential to successfully raising habeas claims.
Can newly discovered evidence support an appeal?
Newly discovered evidence can support an appeal or post-conviction petition if it meets specific legal requirements. The evidence must be truly new—not available at trial through reasonable diligence—and it must be material, meaning it would likely result in a different verdict if presented to the jury. Additionally, the evidence must be reliable and not merely cumulative of what was already presented. Newly discovered evidence claims often arise when trial attorneys fail to investigate adequately or when new witnesses come forward after conviction. Ground for relief based on newly discovered evidence may be pursued through a motion under Criminal Procedure Rule 35 or through a habeas corpus petition. These proceedings allow you to present the new evidence and argue that it warrants reversal or a new trial. Timing is important—motions for new trial based on newly discovered evidence must generally be filed within one year of conviction. Your appellate attorney can evaluate whether evidence qualifies as newly discovered and whether pursuing this ground of appeal is likely to succeed.
What are my options if my direct appeal is denied?
If your direct appeal is denied, you have several remaining options to pursue post-conviction relief. You can file a motion for reconsideration asking the appellate court to reconsider its decision, though these motions are rarely granted. You can petition the Washington Supreme Court for discretionary review, asking them to hear your case. If constitutional issues are involved, you may be able to file a habeas corpus petition in federal court challenging your conviction based on federal constitutional violations. Additionally, if your circumstances have changed or new evidence has emerged, you may qualify for relief under Criminal Procedure Rule 35 or through a habeas corpus petition in state court. Other options include motions for post-conviction relief based on newly discovered evidence, changed law, or factual development of claims like ineffective assistance of counsel. The specific options available depend on your case facts, the grounds you raised on appeal, and what issues remain unresolved. An experienced appellate attorney can analyze your denial and explain what post-conviction remedies remain available. It is important to act quickly, as additional deadlines apply to subsequent post-conviction filings.