Post-Conviction Appeal Representation
Appeals Lawyer in Puyallup, Washington
Criminal Appeals and Post-Conviction Relief
If you have been convicted of a crime, an appeal may provide an opportunity to challenge the conviction or sentence based on legal errors that occurred during your trial. The appeals process is complex and requires a thorough understanding of appellate procedures, evidence rules, and statutory requirements. At Law Offices of Greene and Lloyd, we handle appeals and post-conviction relief matters for clients throughout Puyallup and Pierce County. Our attorneys review trial records, identify potential issues for appeal, and advocate aggressively on your behalf in appellate court.
Why Criminal Appeals Matter in Your Case
Appeals serve as a critical safeguard against wrongful convictions and unfair sentences. When trial errors occur—whether in jury instructions, evidence admission, or sentencing procedures—an appeal can correct these injustices and protect your constitutional rights. Many convictions involve errors that were not apparent at trial but become evident when the full record is reviewed. Successful appeals can result in a new trial, sentence reduction, or complete reversal of conviction. Without qualified representation during the appellate process, these opportunities for relief are often lost forever.
Our Appellate Law Experience and Track Record
Understanding the Criminal Appeals Process
The criminal appeals process begins with filing a notice of appeal within strict statutory deadlines, typically 30 days after sentencing in Washington. Once an appeal is filed, the appellate attorney must obtain the trial record, review it comprehensively, and identify legal errors that warrant appellate review. Not all trial errors support an appeal; the error must meet legal standards for harmless error analysis or constitute constitutional violations. The appellate brief—the written argument submitted to the court—is the centerpiece of most appeals and must clearly explain the trial error and its legal significance.
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Key Terms in Criminal Appeals
Notice of Appeal
The formal document that initiates an appeal by notifying the court and opposing counsel that a convicted person wishes to challenge their conviction or sentence. Filing a notice of appeal within the statutory deadline is essential to preserve appellate rights and must be filed promptly after sentencing.
Appellate Brief
A comprehensive written argument submitted to the appellate court outlining the legal errors committed at trial and explaining why those errors warrant reversal or modification of the conviction or sentence. The brief must comply with strict formatting and citation requirements.
Record on Appeal
The complete collection of trial documents, transcripts, and exhibits that form the basis for appellate review. The appellate court relies solely on the record on appeal when deciding whether trial errors occurred and whether those errors warrant relief.
Harmless Error
A legal doctrine that permits appellate courts to uphold convictions despite trial errors if the error was not significant enough to affect the outcome. Not all trial errors result in reversal; the error must be substantial enough to meet harmless error standards.
PRO TIPS
Act Quickly on Appellate Deadlines
Appellate deadlines in Washington are strict and missing them can permanently waive your right to appeal. Contact an appellate attorney immediately after sentencing to ensure all deadlines are met and your rights are preserved. The sooner you begin working with an attorney, the more time we have to thoroughly review your case and prepare a strong appeal.
Preserve the Trial Record
Obtain a certified copy of your trial transcript and all court documents as soon as possible after sentencing. A complete and accurate record is essential for identifying potential appellate issues and presenting arguments to the appellate court. Without the full trial record, many errors cannot be reviewed on appeal.
Identify All Potential Issues
Your appellate attorney should review every aspect of the trial, including jury instructions, evidence rulings, prosecutorial conduct, and sentencing procedures. Some errors are not obvious but become apparent upon careful review of the trial record. A thorough and comprehensive analysis increases the likelihood of identifying viable appellate arguments.
Comprehensive Appeals vs. Limited Appeals Strategy
When Full Appellate Representation Is Necessary:
Multiple Trial Errors Occurred
If your trial involved several errors—such as incorrect jury instructions, inadmissible evidence, or improper sentencing—comprehensive appellate representation is essential. Multiple errors may compound to create a strong basis for reversal that would be overlooked if only isolated issues are addressed. Our thorough approach identifies all errors and presents them persuasively to the appellate court.
Constitutional Rights Were Violated
Constitutional violations such as ineffective assistance of counsel, denial of due process, or Brady violations warrant aggressive appellate advocacy. These claims require sophisticated legal arguments and understanding of constitutional jurisprudence that goes beyond standard trial errors. Comprehensive representation ensures these serious issues are properly raised and vigorously argued.
Circumstances Where Focused Appeal Strategy Works:
Singular, Clear Trial Error
If your case involves one well-defined error that significantly affected the trial outcome, a focused appellate strategy targeting that specific issue may be sufficient. A clear, coherent argument on a single point can be more persuasive than multiple arguments. However, even single-issue appeals require skilled presentation and thorough legal analysis.
Sentencing-Only Appeal
Some clients may challenge only their sentence rather than the conviction itself, particularly if sentencing errors occurred or the sentence is disproportionate. A sentencing-focused appeal can be effective when the conviction is sound but the penalty exceeds appropriate ranges. This narrower approach still demands careful legal work but may be less resource-intensive.
Common Situations Requiring Appeal Representation
Why Choose Law Offices of Greene and Lloyd for Your Appeal
When your freedom and future are at stake, you need an attorney who understands appellate law and has a proven track record of success. Law Offices of Greene and Lloyd brings years of appellate experience and a deep commitment to protecting your rights at every stage. We treat your appeal with the seriousness it deserves, investing the time and resources necessary to identify all viable arguments and present them compellingly to the appellate court. Our attorneys work efficiently while maintaining the thoroughness required for strong appellate advocacy.
We understand that the appeals process can feel overwhelming, especially if your trial attorney did not adequately prepare you for what comes next. We provide clear guidance about your appellate options, realistic assessments of your case, and transparent communication throughout the process. We are accessible, responsive, and committed to keeping you informed about progress in your appeal. Our goal is to secure the best possible outcome and restore your confidence in the legal system.
Contact Us for Your Free Appeals Consultation
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FAQS
What are the deadlines for filing an appeal in Washington?
In Washington, you must file a notice of appeal within 30 days of sentencing in most criminal cases. This deadline is strict and is calculated from the date the trial court imposes sentence. Missing this deadline can permanently waive your right to appeal unless extraordinary circumstances exist. If you believe you have grounds for appeal, contact an attorney immediately to ensure the deadline is met and your rights are preserved. For some cases, you may have additional time to file certain post-conviction motions that can extend the appeal deadline. These motions must also comply with strict timing requirements. An appellate attorney can review your specific situation and advise you of all applicable deadlines and options available in your case.
Can I appeal if my trial attorney was ineffective?
Yes. Ineffective assistance of counsel is a viable ground for appeal under the Sixth Amendment and Washington law. To succeed on this claim, you must demonstrate that your trial attorney’s performance was deficient and that this deficiency resulted in prejudice by affecting the trial outcome. Common examples include failure to investigate potential defenses, missing critical deadlines, or failing to challenge inadmissible evidence. Ineffective assistance claims are complex and require careful analysis of trial strategy versus substandard performance. Our attorneys have substantial experience handling these claims and understand what must be proven to succeed. We investigate your trial thoroughly and build a compelling ineffective assistance argument if the facts support it.
What types of trial errors can be appealed?
Many types of trial errors can be appealed, including improper jury instructions, admission of inadmissible evidence, prosecutorial misconduct, inadequate jury selection, and incorrect application of the law. However, not all trial errors support an appeal; the error must meet legal standards for review. Some errors are considered harmless and do not warrant reversal even if they occurred. Our attorneys analyze trial errors comprehensively and identify which issues have the strongest potential for appellate success. Constitutional violations, such as denial of due process or violation of your right to confront witnesses, receive heightened review on appeal. These claims may overturn a conviction regardless of whether evidence of guilt is substantial. We carefully examine your trial record to identify any constitutional issues that occurred and develop arguments for appellate review.
How long does the appeals process take?
The appeals process typically takes 12 to 24 months from the time a notice of appeal is filed until the appellate court issues a decision. The exact timeline depends on court caseload, the complexity of your case, and other factors beyond the parties’ control. In some cases, briefs must be filed on extended schedules that can lengthen the process. Our attorneys manage the timeline efficiently while ensuring that every argument is thoroughly developed and presented. During this period, we maintain communication with you about the status of your appeal and upcoming deadlines. We prepare and file the appellate brief, potentially request oral argument, and present your case to the court. If the appellate court reverses your conviction or modifies your sentence, additional proceedings at the trial court level may follow.
Can an appeal result in a new trial?
Yes. If the appellate court finds that trial errors substantially affected the outcome, it may reverse your conviction and remand the case for a new trial. A new trial means the prosecution must present evidence again before a new jury, and you have the opportunity to mount a fresh defense. Some appellants are released on bail pending retrial. Alternatively, the prosecution may decide to dismiss charges rather than retry the case. A successful appeal can truly provide a second chance at justice. Even if the appellate court does not reverse the conviction entirely, it may order a new sentencing hearing if sentencing errors occurred. This allows the trial court to reconsider your sentence with proper legal guidance, often resulting in a reduced penalty. The specific relief available depends on the nature of the errors identified on appeal.
What is the difference between direct appeal and post-conviction relief?
A direct appeal challenges your conviction based on the trial record that already exists, arguing that errors occurred during your trial that warrant reversal. Direct appeals must be filed within strict deadlines and address only issues that appear in the trial record. Post-conviction relief, by contrast, may introduce new evidence not presented at trial, such as newly discovered evidence or evidence of factual innocence. Post-conviction relief proceedings are broader in scope and can address issues not preserved at trial. Both forms of relief are important tools in protecting your rights. In some cases, a direct appeal addresses one issue while post-conviction relief addresses another. Our attorneys evaluate your situation comprehensively and pursue all available remedies to maximize your chances of success.
Do I have to pay for an appeal?
If you cannot afford an appellate attorney and are incarcerated, you may be eligible for a public defender to handle your appeal at no cost. You must file a motion requesting appointment of counsel and demonstrate that you are financially unable to hire an attorney. Public defenders provide valuable appellate services, though private counsel may have greater availability and resources for extensive case investigation. Our firm offers competitive fees and works with clients to make representation affordable. Regardless of how your appeal is funded, the cost should not prevent you from pursuing legitimate appellate rights. We discuss fees and payment arrangements with every client and ensure you understand the financial aspects of your representation.
What happens during oral argument in an appeal?
Oral argument is an opportunity for appellate attorneys to present arguments directly to the judges of the appellate court and answer their questions about the issues in the appeal. Not all appeals result in oral argument; the court may decide the case on briefs alone. If oral argument is granted, typically each side receives 15 to 30 minutes to present its position and respond to judicial questions. The judges use oral argument to test the strength of legal arguments and clarify points made in the appellate briefs. Oral argument is an important advocacy opportunity that can significantly influence the outcome. Our attorneys prepare thoroughly for oral argument, anticipate judicial questions, and present your case persuasively to the panel of judges. We emphasize the strongest aspects of your appeal and address potential weaknesses directly.
Can I appeal a sentence if my conviction stands?
Yes. You can appeal a sentence even if your conviction is upheld, challenging whether the sentence complies with sentencing laws and guidelines. Sentencing appeals address issues such as whether the judge properly applied sentencing enhancements, whether the sentence exceeds legal maximums, or whether the judge relied on inaccurate information. Washington sentencing law is complex, and judges sometimes make errors that warrant appellate correction. A successful sentencing appeal can reduce your sentence significantly. Sentencing appeals require understanding sentencing guidelines, legal authority for enhancements, and appellate standards of review for sentencing decisions. Our attorneys have deep knowledge of Washington sentencing law and regularly challenge sentences that exceed appropriate ranges or are based on legal error.
What should I do immediately after sentencing?
Immediately after sentencing, you should contact an appellate attorney to discuss your case and appellate options. Time is critical because the notice of appeal deadline begins running from the date of sentencing. Your attorney should explain the appeals process, realistically assess your case, and help you decide whether to pursue an appeal. Request a certified copy of the trial transcript and all court documents to begin building your appeal. Your attorney will advise you of all applicable deadlines and ensure nothing is overlooked. Do not wait to begin your appeals process. The sooner you engage appellate counsel, the more time we have to thoroughly review your case, identify all viable issues, and prepare a compelling appeal. Prompt action protects your rights and maximizes your chances of securing relief.