Post-Conviction Relief Available
Appeals Lawyer in Port Orchard, Washington
Criminal Appeals and Post-Conviction Relief
If you have been convicted of a crime and believe there were errors in your trial or sentencing, an appeal may provide a pathway to challenge that conviction. The Law Offices of Greene and Lloyd represents individuals throughout Port Orchard and Kitsap County who seek to overturn or modify their convictions. Our attorneys understand the appellate process and work diligently to identify legal grounds for relief, whether through direct appeal, post-conviction petitions, or other remedies available under state and federal law.
Why Appeals and Post-Conviction Relief Matter
Appeals and post-conviction relief serve as critical safeguards within our justice system. These processes allow individuals to challenge convictions when legal errors have occurred, ensuring that sentences reflect fair application of the law. A conviction can have devastating consequences on employment, housing, and family relationships. Through appeals, you may secure reversal of your conviction, a new trial, resentencing, or other forms of relief that can substantially alter your life circumstances. Our firm is committed to thoroughly investigating your case and pursuing every viable legal avenue on your behalf.
Our Appellate Experience and Approach
Understanding Criminal Appeals in Washington
Criminal appeals involve challenging a conviction or sentence based on legal errors that occurred during trial or sentencing proceedings. In Washington, defendants have the right to appeal their convictions to the Court of Appeals. Appellate review focuses on whether errors were committed that affected the outcome of your case or violated your constitutional rights. Appeals are not new trials—they involve reviewing the record from your original case and presenting legal arguments to appellate judges. The appellate process is highly specialized, requiring knowledge of appellate rules, statutes, and case law.
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Key Terms in Criminal Appeals
Direct Appeal
A direct appeal is a challenge to a conviction or sentence filed immediately after trial. It allows defendants to argue that legal errors occurred during trial that warrant reversal or resentencing. Direct appeals focus on the trial record and preserve arguments for potential further review.
Ineffective Assistance of Counsel
This claim alleges that your trial attorney’s performance fell below professional standards and prejudiced your defense. To succeed, you must show deficient performance and that a different result would likely have occurred but for the error.
Harmless Error
Harmless error occurs when a trial error does not substantially affect the verdict. Appellate courts may decline to overturn a conviction if they determine that the error was harmless beyond a reasonable doubt.
Appellate Brief
An appellate brief is a written document presenting legal arguments and citations supporting your appeal. Both sides submit briefs to the appellate court, which reviews them before oral arguments and decision.
PRO TIPS
Preserve Your Appeal Rights from the Start
Critical errors and issues must be properly objected to during trial to preserve them for appeal. Failing to raise objections or motions at trial may result in waiver of appeal rights. Consult with an appellate attorney early to ensure your case is positioned for successful post-conviction relief.
Act Quickly—Deadlines Are Strict
Appeals must be filed within specific timeframes, typically 30 days after sentencing in Washington. Missing deadlines can permanently bar your right to appeal. Contact our office immediately after conviction to ensure timely filing and preservation of your appellate rights.
Gather Your Trial Records Early
Obtaining complete trial transcripts and court records is essential for appellate review. Delays in obtaining records can slow your appeal process. We assist in gathering necessary documentation promptly to begin thorough case analysis.
Navigating Your Post-Conviction Options
When Full Appellate Representation Becomes Necessary:
Trial Errors That Affected Your Case Outcome
When trial errors—including evidentiary rulings, jury instructions, or constitutional violations—likely influenced the verdict, comprehensive appellate representation is vital. These errors may warrant reversal or a new trial if properly documented and argued. Our attorneys identify and develop legal theories that directly challenge conviction validity.
Constitutional Rights Violations During Trial
Violations of your constitutional rights—such as ineffective counsel, Brady violations, or denial of due process—provide grounds for reversal. These serious claims require thorough investigation and persuasive legal advocacy. Full appellate representation ensures your constitutional arguments receive proper attention before appellate courts.
When Focused Appellate Intervention May Apply:
Resentencing Petitions for Sentencing Errors
If your sentence was imposed in violation of sentencing guidelines or law, a focused resentencing petition may address the error without full appellate review. This approach may be appropriate when the conviction is valid but sentencing procedures require correction. Our attorneys evaluate whether resentencing relief alone serves your interests.
Specific Legal Issues Within Narrow Scope
In some cases, a single legal issue or procedural claim presents clear grounds for relief without requiring comprehensive trial record review. When your appeal focuses on a discrete legal question, targeted representation addressing that issue may be sufficient. We assess your case to determine the most effective appellate strategy.
Common Situations Requiring Appeals Representation
Why Choose Greene and Lloyd for Your Appeal
The Law Offices of Greene and Lloyd offers dedicated appellate representation to individuals throughout Port Orchard, Kitsap County, and Washington State. Our attorneys combine practical trial experience with appellate knowledge, allowing us to identify errors that others might miss. We understand the procedural complexities and substantive law governing criminal appeals, and we bring meticulous attention to detail in preparing briefs and oral arguments. Your case receives comprehensive analysis and strategic representation designed to maximize your chances of successful relief.
We recognize that appellate representation requires distinct skills from trial advocacy. Our team conducts thorough record review, researches applicable law, and develops persuasive legal arguments tailored to your specific circumstances. We manage strict deadlines, handle all procedural requirements, and communicate clearly with clients throughout the appeal process. Whether pursuing direct appeal, ineffective assistance claims, or other post-conviction remedies, we are committed to advocating aggressively for your rights.
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FAQS
How long do I have to file an appeal after conviction in Washington?
In Washington, a defendant typically has 30 days after sentencing to file a notice of appeal. This deadline is strict, and missing it can result in permanent loss of your appellate rights. In limited circumstances, courts may extend deadlines for good cause shown, but such extensions are rare and require immediate legal action. Our firm ensures that all filing deadlines are met and that your appeal is preserved promptly. We recommend contacting an appellate attorney as soon as possible after conviction to protect your rights. Delayed action can jeopardize your ability to pursue post-conviction relief, making early consultation essential for your case.
What is the difference between direct appeal and post-conviction relief?
A direct appeal challenges a conviction or sentence based on errors appearing in the trial record. It must be filed within 30 days of sentencing and focuses on legal issues that trial counsel objected to or that were preserved in the record. Direct appeals are limited to issues raised at trial and do not typically allow for new evidence or factual development. Post-conviction relief, by contrast, allows challenges based on evidence outside the trial record, including claims of ineffective assistance of counsel, newly discovered evidence, or constitutional violations. Post-conviction petitions may be filed years after conviction if new grounds for relief emerge. Both remedies are important, and our attorneys evaluate which approach—or combination of approaches—best serves your interests.
Can I appeal if my trial attorney made mistakes?
Yes, you may appeal if trial counsel’s performance fell below professional standards and prejudiced your defense. This claim is called ineffective assistance of counsel and must satisfy the two-prong test established in Strickland v. Washington. First, you must show that counsel’s performance was deficient—that is, that it fell below accepted professional norms. Second, you must demonstrate prejudice, meaning that but for counsel’s error, there is a reasonable probability of a different outcome. Examples include failure to investigate, missing deadlines, inadequate cross-examination, or failure to raise critical defenses. These claims often require developing evidence beyond the trial record, including affidavits from counsel and investigation reports. Our attorneys have experience pursuing ineffective assistance claims and understand how to develop the evidence necessary to succeed.
What happens during oral argument in an appeal?
Oral argument allows attorneys to present arguments directly to appellate judges and respond to their questions. Each side is typically given 15-30 minutes to discuss their case before a three-judge panel. The judges often ask challenging questions to test the strength of legal positions and explore potential weaknesses. Oral argument provides an opportunity to clarify complex legal issues and emphasize the strongest points in your appeal. However, not all appeals receive oral argument; the court may decide your case based on written briefs alone. Our attorneys prepare thoroughly for oral argument, anticipating judge’s questions and developing clear, persuasive responses. We focus on the key legal issues most likely to influence the court’s decision.
Can federal courts review my state conviction?
Yes, federal courts can review state convictions through federal habeas corpus petitions, but only after direct appeal and state post-conviction remedies have been exhausted. Federal habeas corpus review is limited to claims that your state conviction violated federal constitutional rights. State courts have the primary responsibility for interpreting state law and addressing most legal claims. Federal courts defer to state court decisions on matters of state law and fact-finding, reviewing only for constitutional violations. This limited scope means federal habeas petitions require specific legal arguments centered on federal constitutional claims. Our firm handles both state and federal appellate matters, and we understand the coordination required between state and federal proceedings. We evaluate whether federal habeas review is appropriate for your case and pursue it strategically.
What is a Brady violation and how does it affect my appeal?
A Brady violation occurs when prosecutors fail to disclose evidence favorable to the defendant. This can include exculpatory evidence, evidence impeaching prosecution witnesses, or evidence reducing culpability. The Supreme Court established that due process requires prosecutors to disclose such evidence. If undisclosed evidence is material—meaning it could have affected the verdict—grounds for a new trial exist. Brady violations are serious constitutional claims that can overturn convictions even if trial evidence might otherwise support guilt. Pursuing a Brady claim requires careful investigation into what evidence the prosecution possessed and what was disclosed to the defense. Our attorneys examine discovery carefully and investigate possible undisclosed evidence. If we identify a Brady violation, we develop compelling arguments for reversal or new trial.
How much does an appeal cost?
Appellate representation costs vary depending on the complexity of your case, the scope of appellate issues, and whether oral argument is required. We offer flexible fee arrangements, including hourly representation and flat fees for specific appellate services. During an initial consultation, we discuss your case, assess its complexity, and provide transparent fee information. We are mindful of financial constraints and work with clients to develop cost-effective appellate strategies. Some clients may qualify for public defender appellate services if they meet income requirements, though the quality and availability of public appellate counsel varies. We are happy to discuss your options and help you understand the investment required for your appeal.
Can I get a stay of sentence while my appeal is pending?
In limited circumstances, appellate courts can issue stays of sentence to allow appeal on the merits without the applicant being incarcerated. To obtain a stay pending appeal, you typically must demonstrate a substantial question of law or fact likely to result in reversal or substantial reduction of sentence, and that the applicant is likely to remain in the jurisdiction. The standards for obtaining a stay are high, and courts are reluctant to grant them. However, in cases involving novel legal questions, potential ineffective assistance claims, or significant sentencing errors, stays may be available. Time is critical for filing stay motions, and delay may result in forfeiture of the right to seek a stay. Our attorneys evaluate your case promptly and pursue stay motions when circumstances warrant.
What is resentencing and when can I pursue it?
Resentencing involves asking the court to impose a new, typically lower sentence. It can be pursued when sentencing errors occurred or when law changes make original sentences no longer appropriate. Resentencing differs from appeal in that it does not challenge the conviction itself but rather seeks modification of the sentence imposed. In Washington, resentencing petitions can be filed under Criminal Rule 35 within one year of sentencing. Additionally, if sentencing laws change after your conviction, you may petition for resentencing under the new law. Examples include changes to sentencing ranges, removal of mandatory minimums, or eligibility for sentence reduction programs. Resentencing can result in immediate release or significantly reduced incarceration. Our attorneys identify resentencing opportunities and pursue them aggressively.
What should I do immediately after conviction if I think there are grounds for appeal?
Contact an appellate attorney immediately after conviction or sentencing. Time is your most valuable asset, as strict deadlines govern appellate filings. Do not delay in seeking legal advice, as missing the 30-day appeal deadline can forever bar your right to appeal. Provide your attorney with all trial documents, transcripts, and sentencing records. Be honest and thorough in discussing potential errors or issues you believe occurred at trial. Work with your attorney to preserve appellate rights and ensure all necessary motions and filings are completed on schedule. If you cannot afford private counsel, apply for public defender representation. The sooner you engage legal representation, the better positioned your case is for successful post-conviction relief.