Post-Conviction Relief Options
Appeals Lawyer in Long Beach, Washington
Criminal Appeals and Post-Conviction Relief
If you have been convicted and believe there were legal errors in your trial or sentencing, an appeal offers a pathway to challenge that conviction. The appellate process is complex and requires thorough legal analysis of the trial record, applicable law, and procedural requirements. At Law Offices of Greene and Lloyd, we provide dedicated representation throughout the appeals process. Our experienced attorneys carefully examine your case for potential grounds for appeal and work to present the strongest possible arguments on your behalf.
Why Criminal Appeals Matter
Criminal appeals provide an essential mechanism for correcting legal errors that may have affected your conviction or sentence. A successful appeal can result in your conviction being overturned, a new trial being ordered, or your sentence being modified. Even if an appeal is not successful in overturning a conviction entirely, it may result in a reduced sentence or other relief. The appellate process ensures that your constitutional rights were protected and that proper legal procedures were followed throughout your case. Having qualified legal representation during this critical phase significantly increases the likelihood of a favorable outcome.
Law Offices of Greene and Lloyd Appeals Practice
Understanding the Criminal Appeals Process
The first step in pursuing an appeal is filing a notice of appeal within the required timeframe, which is typically 30 days from sentencing in Washington. Once the notice is filed, the trial court record is prepared and transmitted to the appellate court. Your attorney will then review the entire record, identify potential legal errors, and prepare a written brief explaining why the conviction or sentence should be overturned. This brief must cite relevant case law, statutes, and constitutional provisions that support your arguments. The appellate process is highly technical and requires extensive legal research and writing.
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Criminal Appeals Terminology Explained
Notice of Appeal
The formal document filed to initiate an appeal, which must be submitted to the trial court within the required timeframe to preserve your right to appeal.
Appellate Brief
A written legal document submitted to the appellate court that presents your arguments for why the conviction or sentence should be overturned or modified.
Trial Record
The complete documentation of your trial, including transcripts, evidence admitted or excluded, and rulings made by the trial judge.
Oral Arguments
A hearing before the appellate court where attorneys present their arguments and answer questions from the judges regarding the legal issues on appeal.
PRO TIPS
Preserve Issues for Appeal
Legal objections must be made during trial to preserve issues for appeal. If an objection is not raised at trial, you may be unable to appeal that issue later due to procedural waiver rules. Working with an attorney who understands appellate procedure from the beginning of your case ensures that proper objections are made and preserved.
Act Quickly on Appeals
The deadline to file a notice of appeal is strict and typically only 30 days from sentencing. Waiting too long can result in losing your right to appeal entirely. If you believe your conviction was wrongfully obtained, contact an attorney immediately to ensure your appeal rights are protected.
Consider All Available Options
Appeals are not the only post-conviction remedy available. Depending on your circumstances, you may also pursue a motion for reconsideration, petition for post-conviction relief, or claim of ineffective assistance of counsel. An attorney can evaluate which options are most likely to succeed in your particular case.
Comparing Appeal and Post-Conviction Relief Options
When Full Appeal Services Are Necessary:
Significant Legal Errors at Trial
If substantial legal errors occurred during your trial, such as improper admission of evidence, violation of your constitutional rights, or erroneous jury instructions, a direct appeal is the appropriate remedy. Comprehensive appellate representation ensures all viable legal theories are thoroughly researched and presented. An appellate attorney can identify errors that trial counsel may have overlooked.
Ineffective Assistance of Counsel Claims
If your trial attorney failed to provide adequate representation, you may have grounds for an appeal based on ineffective assistance of counsel. This complex legal argument requires detailed analysis of your attorney’s performance compared to professional standards. Qualified appellate counsel can effectively present this claim and establish that the inadequate representation affected the trial outcome.
When Focused Post-Conviction Motions May Be Appropriate:
Issues Requiring New Evidence
If you have discovered new evidence after trial that was not available during your original case, a motion for post-conviction relief may be more effective than a direct appeal. These motions allow introduction of evidence not contained in the trial record. This approach can be particularly valuable when DNA evidence or newly discovered witnesses support your innocence.
Sentencing Challenges
For issues specifically related to sentencing that do not involve trial errors, sentencing appeals or resentencing motions may provide a more efficient remedy. These focused appeals examine whether proper sentencing procedures were followed and whether the imposed sentence is legal and appropriate. This approach allows quicker resolution of sentencing-specific concerns.
When to Consider Appellate Representation
Why Choose Law Offices of Greene and Lloyd for Your Appeal
At Law Offices of Greene and Lloyd, we understand that your conviction may have profound consequences for your future. We are committed to thoroughly examining your case, identifying all viable legal arguments, and presenting the strongest possible appeal on your behalf. Our attorneys have extensive experience with the Washington appellate system and understand the judges, procedures, and legal strategies most likely to succeed. We approach each appeal with the meticulous attention to detail and legal rigor required for appellate practice.
We believe in transparent communication with our clients throughout the appellate process. We will explain the issues in your case, discuss the likelihood of success, and keep you informed of all developments. Our goal is not just to go through the motions of an appeal, but to provide vigorous advocacy that gives you the best possible chance of obtaining relief. If you are facing an appeal in Long Beach or Pacific County, contact us today for a confidential consultation.
Contact Us for Your Appeals Consultation
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FAQS
What is the deadline to file a criminal appeal?
In Washington, you must file a notice of appeal within 30 days of sentencing in most cases. This deadline is strict and is measured from the date the trial court pronounces sentence. If you miss this deadline, you may lose your right to appeal unless the court finds exceptional circumstances justifying the delay. There are limited exceptions to this deadline. If you file within 30 days but request additional time, you may be able to extend the deadline in certain situations. However, relying on exceptions is risky, and it is essential to act quickly. Contact an attorney immediately after conviction to ensure your appeal rights are protected.
Can I appeal if I pleaded guilty?
Yes, you can appeal even if you pleaded guilty, but the grounds for appeal are more limited than after a trial conviction. You generally cannot appeal the guilty plea itself unless it was not made knowingly and voluntarily or if there was a breach of a plea agreement. However, you may be able to appeal sentencing issues or challenge the validity of the plea on constitutional grounds. You may also be able to file a motion for post-conviction relief based on ineffective assistance of counsel during the plea process. If your attorney failed to explain the consequences of the plea or failed to negotiate fairly, you may have grounds for relief. An appellate attorney can evaluate whether your specific circumstances provide valid appeal options.
How long does a criminal appeal take?
The length of an appeal varies depending on the complexity of the case and the court’s docket. Most criminal appeals in Washington take between 6 months and 2 years to be decided. Cases involving complex legal issues or multiple defendants may take longer. The process includes briefing, oral arguments, and the court’s deliberation time. While appeals can be time-consuming, the delay is part of the deliberate appellate process designed to ensure careful consideration of legal issues. During this time, you remain in custody unless your conviction has been reversed or you have been released pending appeal. Your attorney can work to expedite the process where possible while ensuring all necessary steps are completed properly.
What are the chances my appeal will be successful?
The success rate for criminal appeals depends largely on the specific issues in your case and the strength of the legal arguments available. Not all convictions can be overturned on appeal. The appellate court reviews the trial record to determine whether legal errors occurred that warrant reversal. For an appeal to be successful, you must identify substantial legal errors that affected the trial outcome or sentence. An experienced appellate attorney can honestly assess the likelihood of success in your case after thoroughly reviewing the trial record. Some cases have strong appeal issues, while others may have limited grounds for relief. Even if an appeal does not result in complete reversal, it may result in a reduced sentence or other partial relief. It is important to have realistic expectations while remaining committed to pursuing all available remedies.
What is an ineffective assistance of counsel claim?
An ineffective assistance of counsel claim asserts that your trial attorney failed to provide adequate legal representation, and this failure affected the outcome of your case. This claim is based on the Sixth Amendment right to effective counsel. To succeed, you must show that your attorney’s performance was deficient and that this deficiency prejudiced your case. Examples of ineffective assistance include failure to investigate, failure to present available evidence, poor trial strategy, and failure to challenge constitutional violations. These claims are often pursued through post-conviction motions rather than direct appeals. If successful, ineffective assistance claims can result in a new trial or sentencing. Given the technical nature of these claims, having qualified appellate representation is essential.
What happens during oral arguments in an appeal?
Oral arguments provide an opportunity for attorneys to present their case before a panel of appellate judges and answer questions about the legal issues on appeal. Your attorney will present the strongest arguments for why your conviction should be overturned or your sentence modified. The judges will ask detailed questions about the law, the facts, and your attorney’s legal theories. Oral arguments typically last 15-30 minutes per side, though this varies. The judges use these arguments to better understand the issues and to test the strength of the legal positions. Your presence at oral arguments is not required, though some clients choose to attend. Your attorney’s preparation and ability to think quickly on their feet during oral arguments can significantly impact the outcome of your appeal.
Can I appeal a sentence without appealing the conviction?
Yes, in most cases you can file a sentence appeal without challenging the conviction itself. A sentence appeal is appropriate when the conviction was properly obtained but the sentence imposed was illegal, improper, or disproportionate. You can argue that the trial judge abused their discretion in sentencing or failed to follow proper sentencing procedures. Sentence appeals focus specifically on sentencing issues and do not require showing that the conviction was invalid. This targeted approach can be more efficient than a full appeal and may result in a reduced or modified sentence. If you believe your sentence is unfair but do not have grounds to challenge the conviction, discuss sentencing appeal options with an appellate attorney.
What is the trial record and why is it important in an appeal?
The trial record includes all documents, transcripts, and evidence from your trial. It is the foundation for appellate review because appellate courts generally do not conduct new trials or hear new evidence. Instead, they review the trial record to determine whether legal errors occurred. The record includes the trial transcript, pretrial motions, exhibits introduced at trial, and the judge’s rulings. A complete and accurate trial record is essential for a successful appeal. If the trial transcript is unclear or if important documents are missing from the record, it can be difficult to raise certain issues on appeal. Your appellate attorney will carefully review the entire record to identify legal errors and ensure all necessary documents are included. Transcripts must be ordered promptly after conviction to preserve your appeal rights.
What are post-conviction remedies available in Washington?
In Washington, several post-conviction remedies are available beyond direct appeal. These include CR 35 motions for sentence reduction, post-conviction relief under RCW 10.73.100, claims for DNA testing, and petitions for clemency. Each remedy has different requirements and procedures. Some are pursued within the trial court while others go directly to the appellate court. The most appropriate remedy for your situation depends on the specific circumstances of your case. Some cases benefit from a combination of remedies pursued strategically over time. An experienced appellate attorney can evaluate which remedies are available and which are most likely to succeed in your particular case. Acting quickly and following proper procedures is essential for preserving these important rights.
Should I hire an appellate attorney or can I handle my appeal pro se?
While you have the right to represent yourself on appeal, appellate work is highly technical and complex. The appellate process involves strict rules, specific formatting requirements, and sophisticated legal analysis. Missing procedural requirements can result in dismissal of your appeal. Appellate attorneys have training and experience in appellate procedure and appellate law that greatly increases the likelihood of a successful outcome. Self-representation on appeal significantly reduces your chances of success. Appellate judges expect professional legal arguments and proper procedural compliance. An experienced appellate attorney can identify issues you might miss, conduct thorough legal research, and present compelling arguments. Given the potential consequences of a failed appeal, having qualified representation is strongly advisable.