Skilled Appeals Representation
Appeals Lawyer in Home, Washington
Criminal Appeals and Post-Conviction Relief
If you have been convicted of a crime and believe errors occurred during your trial, you have the right to appeal. The appeals process is a critical opportunity to challenge your conviction or sentence based on legal mistakes that may have affected the outcome of your case. At Law Offices of Greene and Lloyd, we understand how challenging it is to navigate the appellate system while dealing with the consequences of a criminal conviction. Our team works diligently to identify errors in trial proceedings, improper jury instructions, evidentiary issues, or procedural violations that could support your appeal.
Why Criminal Appeals Matter
A criminal conviction can have devastating long-term consequences affecting employment, housing, professional licenses, and your reputation. Appeals provide a formal mechanism to challenge convictions based on legal errors rather than factual innocence alone. Pursuing an appeal demonstrates your commitment to exhausting all available legal remedies and can result in sentence reductions, conviction reversals, or new trials. Many appellate cases succeed because trial attorneys failed to object to errors or preserve issues for appeal. Our attorneys review your complete trial record to identify overlooked or inadequately argued issues that merit appellate review and correction.
Our Appellate Law Background
How Criminal Appeals Work
The criminal appellate process begins with filing a notice of appeal within strict deadlines following your conviction or sentencing. Once filed, you have the right to request a trial court transcript and to obtain appellate counsel if you cannot afford one. The appellate process involves reviewing the entire trial record—transcripts, evidence exhibits, motions, and rulings—to identify legal errors. Your attorney then prepares a written brief presenting legal arguments supported by case law and the trial record. The opposing side submits a responding brief, and often the court schedules oral argument where attorneys present their positions to a panel of judges.
Need More Information?
Key Terms in Criminal Appeals
Appellate Jurisdiction
The authority of an appellate court to hear and decide cases on appeal from trial courts. Appellate jurisdiction is limited to reviewing issues that were properly preserved during the trial and raised in the appellate briefs.
Preservation of Error
The requirement that a party object to or challenge a trial court ruling at the time it occurs to preserve the issue for appellate review. Failure to preserve error generally prevents appellate courts from considering the issue on appeal.
Notice of Appeal
A formal document filed with the court that initiates the appellate process. The notice of appeal must be filed within strict deadlines, typically within 30 days of sentencing or entry of judgment in criminal cases.
Harmless Error
A legal error that occurred during trial but did not significantly affect the outcome or the defendant’s rights. Even if an error is found, appellate courts may uphold a conviction if the error was deemed harmless.
PRO TIPS
Act Quickly on Appeals
Appellate deadlines in criminal cases are strict and failing to meet them can permanently waive your right to appeal. Contact an attorney immediately after conviction or sentencing to discuss your appeal options. Many appellate issues become impossible to raise if not preserved during trial, making early legal consultation essential.
Obtain Your Trial Transcript
A complete trial transcript is essential for appellate review, but obtaining it can take time and requires proper procedures. Your appellate attorney will work to secure the transcript and any missing portions. Delays in obtaining transcripts can affect your appellate timeline, so this process must begin immediately after filing notice of appeal.
Consider All Appellate Grounds
Appeals can challenge both the conviction and the sentence, and sometimes both grounds should be pursued. Your attorney should thoroughly review the trial record to identify all viable appellate arguments. Raising multiple issues increases the likelihood that at least one will persuade the appellate court to grant relief.
Understanding Your Appellate Choices
When Full Appellate Representation Is Essential:
Complex Trials with Multiple Errors
Trials involving numerous rulings, disputed evidence, jury instructions, and potential procedural errors benefit from thorough appellate analysis. When trial counsel failed to object to errors or raised weak objections, comprehensive appellate review becomes even more critical. A skilled appellate attorney can identify overlooked issues and present them effectively to appellate judges.
Severe Sentences Requiring Challenge
Disproportionate sentences, erroneous calculations, or sentences imposed based on unconstitutional factors warrant comprehensive appellate challenge. Sentencing appeals can focus on whether the trial court properly applied sentencing guidelines and statutes. Full appellate representation gives you the best opportunity to achieve sentence reduction or modification.
When Focused Appellate Strategies Work:
Clear Trial Errors with Strong Legal Support
When a single significant trial error is apparent and well-supported by established case law, a focused appeal may succeed. Limited appellate briefs highlighting the primary issue can be effective when the error is clear and likely to persuade judges. However, even seemingly straightforward appeals benefit from thorough legal analysis and comprehensive briefing.
Sentencing Appeals Based on Recent Legal Changes
Appeals based on new sentencing laws or recent court decisions affecting sentencing may focus narrowly on sentencing issues. When legislation changes how sentences are calculated or what factors courts can consider, targeted appellate arguments may be sufficient. These appeals often succeed because appellate courts readily apply new legal standards to prior sentences.
When You Should Consider an Appeal
Why Choose Law Offices of Greene and Lloyd for Your Appeal
Our firm has extensive experience handling criminal appeals in Washington state and federal courts throughout Pierce County. We understand appellate procedure and the specific approaches that work with appellate judges. Our attorneys have successfully reversed convictions, reduced sentences, and obtained new trials by identifying and effectively presenting legal errors. We approach every appeal with the seriousness it deserves, recognizing that your future depends on our work. We combine thorough legal research with compelling written and oral advocacy to maximize your chances of success.
We recognize that appellate work requires different skills than trial representation. Our attorneys focus on careful legal analysis, persuasive writing, and understanding appellate court preferences. We work within strict deadlines and procedural rules while maintaining focus on the issues most likely to result in relief. Whether you are appealing a conviction or seeking sentence reduction, we provide the dedicated representation your case requires. Contact Law Offices of Greene and Lloyd today to discuss your appellate options.
Contact Us for Your Appeal Consultation
People Also Search For
Criminal appeals attorney Washington
Post-conviction relief lawyer
Washington Court of Appeals representation
Sentence reduction appeal
Ineffective assistance of counsel appeal
Federal habeas corpus petitions
Conviction reversal lawyer
Pierce County appellate defense
Related Services
FAQS
How long do I have to file an appeal after being convicted?
In Washington, you must file a notice of appeal within 30 days of sentencing in most criminal cases. This deadline is strict, and missing it generally prevents you from pursuing an appeal unless extraordinary circumstances justify the delay. Your attorney should file the notice immediately after sentencing to ensure compliance with this critical requirement. If you are unable to afford an attorney, you can request a public defender be appointed to handle your appeal. If you have privately retained counsel during trial, you should discuss appeals with that attorney immediately after conviction. Failing to file timely notice of appeal waives your right to appeal, making it essential to act quickly.
Can I appeal if I pleaded guilty?
Yes, you can appeal even if you entered a guilty plea, although the grounds for appeal are more limited. When you plead guilty, you generally waive challenges to trial procedures and evidence. However, you can appeal on grounds such as ineffective assistance of counsel or constitutional violations that occurred before or during the plea process. Appeals based on guilty pleas often focus on whether you were properly informed of your rights, whether the plea was knowing and voluntary, or whether your attorney provided adequate representation. You can also appeal your sentence regardless of whether you went to trial or pled guilty. Consult with an appellate attorney to determine what grounds might support your appeal.
What is the difference between direct appeal and post-conviction relief?
Direct appeal reviews the trial record and proceedings to identify legal errors that occurred during your trial or sentencing. It challenges the conviction or sentence based on what happened in the trial court record. Direct appeals must be filed within strict deadlines and can only raise issues that were preserved during trial through proper objection. Post-conviction relief includes petitions for habeas corpus and other mechanisms that may be available even after direct appeal deadlines have passed. These proceedings can raise issues not previously presented, such as newly discovered evidence or claims of ineffective assistance of counsel. Post-conviction relief provides a second opportunity for relief when direct appeal has been exhausted or is no longer available.
What types of errors can be appealed?
Appeals can challenge numerous types of trial errors, including improper jury instructions, evidentiary errors, procedural violations, and sentencing mistakes. Constitutional violations such as ineffective assistance of counsel, illegal searches, or violations of confrontation rights also provide grounds for appeal. Additionally, appeals can address whether the evidence presented was sufficient to support the conviction. Not all trial errors result in overturned convictions—some errors are deemed harmless if they did not significantly affect the outcome. Your appellate attorney will analyze the trial record to identify errors that are likely to persuade an appellate court that reversal or modification is warranted. The strongest appeals present multiple legal theories and thoroughly cite supporting case law.
How much does a criminal appeal cost?
The cost of a criminal appeal depends on the complexity of the case, the number of issues being raised, and the length of the trial transcript. Simple appeals focusing on straightforward sentencing issues may cost less than complex appeals examining multiple trial proceedings. Our firm provides cost estimates after reviewing your case and determining the scope of appellate work required. If you cannot afford an attorney, you may qualify for public defender representation on appeal. Public defenders provide appellate services at no cost to indigent defendants. If you retain private counsel, discuss fees upfront and understand what services are included in the appellate representation package. Some attorneys charge flat fees while others charge hourly rates depending on the appeal’s complexity.
Can I get a new trial through an appeal?
Yes, an appellate court can order a new trial if it finds that trial errors were significant enough to warrant relief. When an appellate court reverses a conviction, it may remand the case for a new trial, allowing the prosecution to retry the case with a corrected trial procedure. Alternatively, an appellate court might reverse and direct acquittal if the evidence is insufficient to support conviction. Sentence appeals can also result in sentence modification or resentencing by the trial court. If an appellate court determines that sentencing errors occurred, it may order the trial court to resentence you, potentially resulting in a lower or modified sentence. The specific remedy depends on the nature of the error and the law applicable to your case.
What is ineffective assistance of counsel?
Ineffective assistance of counsel occurs when your trial attorney’s performance fell below reasonable standards and the deficient performance affected the outcome of your case. Examples include failing to raise viable defenses, inadequate investigation, failure to object to errors, or poor trial strategy. To succeed on an ineffective assistance claim, you must show both that counsel’s performance was deficient and that the deficiency prejudiced your defense. Ineffective assistance claims are frequently raised on appeal or in post-conviction petitions. These claims can provide grounds for overturning a conviction or obtaining a new trial even when direct trial errors are not apparent. If you believe your trial attorney provided inadequate representation, discuss this with an appellate attorney who can evaluate whether an ineffective assistance claim is viable.
How long does the appellate process take?
The appellate process typically takes 12 to 18 months from filing notice of appeal through appellate decision, though timelines vary significantly. Initial steps include obtaining the trial transcript, which can take months if the trial was lengthy. Preparing and filing your appellate brief generally takes several months, and the opposing side’s brief takes additional time. After briefing is complete, the court schedules oral argument, which may occur months later. Following oral argument, the appellate court deliberates and issues a written decision, which can take weeks or months. If you appeal an unfavorable appellate decision to the Washington Supreme Court, additional time should be expected. Your attorney will keep you informed about timeline expectations specific to your appeal.
What happens at oral argument before the appellate court?
Oral argument is a presentation before a panel of appellate judges where your attorney summarizes the case and answers questions about the legal issues. Each side typically receives 15 to 30 minutes to present arguments, though time varies by court. Judges ask pointed questions about case law, the trial record, and your attorney’s legal theories. Oral argument is an opportunity to emphasize the strongest aspects of your appeal and respond to the court’s concerns. Judges use oral argument to explore issues and test the parties’ legal positions. Even if you cannot attend oral argument (which is typical for appellate cases), your attorney represents your interests. Effective oral argument requires thorough preparation and deep knowledge of case law and the trial record.
Can I appeal to federal court after the Washington courts?
Yes, after exhausting Washington state appellate remedies, you may be able to appeal to federal court through a federal habeas corpus petition. Federal habeas corpus allows you to challenge convictions based on violations of federal constitutional rights. Federal courts will not retry your case but will review whether your conviction violated the U.S. Constitution. Federal habeas petitions must be filed within strict deadlines and require exhaustion of state remedies first. These petitions are governed by different procedures than state appeals. If you are considering federal habeas relief, consult with an attorney experienced in federal appellate law. Federal habeas petitions present a final opportunity for relief when state remedies have been exhausted.