Post-Conviction Relief Matters
Appeals Lawyer in Burlington, Washington
Criminal Appeals and Post-Conviction Relief Guide
If you have been convicted of a crime and believe there were legal errors in your trial or sentencing, an appeal may offer a path to challenge that conviction. Appeals are distinct from new trials—they focus on legal issues and the proper application of the law rather than retrying the facts of your case. The Law Offices of Greene and Lloyd understand the complexities of appellate procedure and work diligently to identify viable grounds for appeal on behalf of our clients throughout Burlington and Skagit County, Washington.
The Importance and Benefits of Criminal Appeals
Criminal appeals serve as a vital safeguard against conviction based on legal error or constitutional violation. Appellate review can address issues such as improper jury instructions, inadequate legal representation at trial, evidentiary errors, and sentencing issues. Many convictions are upheld on appeal, but a significant portion result in reversal, modification, or remand for new trials. Having skilled representation during the appellate process gives you the best opportunity to present compelling arguments that may result in overturning your conviction, reducing your sentence, or securing a new trial with proper legal procedures in place.
Law Offices of Greene and Lloyd's Appellate Experience
Understanding Criminal Appeals
A criminal appeal is a request for a higher court to review your conviction and sentence based on legal errors that occurred during your trial. The appellate court does not retry your case or hear new evidence; instead, it examines the trial record to determine whether the law was properly applied. Common grounds for appeal include ineffective assistance of counsel, erroneous jury instructions, improper admission or exclusion of evidence, prosecutorial misconduct, and sentencing errors. Each type of appeal has specific legal standards and requires careful documentation of the alleged errors during trial.
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Key Terms in Criminal Appeals
Notice of Appeal
A formal document filed with the court that initiates the appellate process. The notice of appeal must be filed within a specific timeframe (typically 30 days in Washington) after sentencing to preserve your right to appeal. This document notifies the trial court and opposing counsel that you intend to appeal the conviction or sentence to the appellate court.
Standard of Review
The legal standard used by the appellate court to evaluate whether the trial court properly applied the law. Different standards apply to different issues—some errors receive strict scrutiny while others receive deferential review. Understanding the applicable standard of review is crucial for framing appellate arguments effectively.
Ineffective Assistance of Counsel
A constitutional claim that your trial attorney’s performance fell below an objective standard of reasonableness, and this deficient performance prejudiced your defense. This claim can form the basis for appeal or post-conviction relief if your attorney failed to investigate adequately, made poor strategic decisions, or otherwise failed to provide competent representation.
Appellate Brief
A written legal document submitted to the appellate court that presents your arguments for why the conviction or sentence should be reversed or modified. The brief includes a statement of facts, legal arguments supported by case law and statutes, and a request for relief. Effective appellate briefs are critical to persuading the appellate court.
PRO TIPS
Act Quickly on Appeal Deadlines
The 30-day deadline to file a notice of appeal in Washington is absolute and cannot be extended absent exceptional circumstances. Contact an attorney immediately after sentencing if you believe you have grounds for appeal. Waiting too long may result in permanent loss of your right to appeal.
Preserve Issues During Trial
Many appellate arguments require that objections or motions be made at trial to preserve the issue for appeal. If your attorney failed to object to problematic evidence, jury instructions, or prosecutorial statements, those issues may be forfeited on appeal. This highlights the importance of having skilled representation throughout your entire case.
Understand Appellate Standards
Appellate courts do not simply overturn convictions because they disagree with the outcome; they apply established legal standards that vary by type of issue. Some errors are harmless and do not warrant reversal, while others are structural and automatically require relief. Working with counsel knowledgeable in appellate standards strengthens your case.
Comprehensive Appeal Strategy vs. Limited Appellate Approaches
When Full Appellate Representation Is Necessary:
Multiple Trial Errors Present
When your trial involved several significant legal errors—such as improper jury instructions combined with evidence admission issues and inadequate counsel—comprehensive appellate representation is essential. Analyzing the cumulative effect of errors and presenting a cohesive appellate strategy requires thorough review of the entire trial record. A full appellate team ensures all viable arguments are identified and powerfully presented.
Complex Constitutional Questions
Appeals raising constitutional issues—such as Sixth Amendment claims of ineffective assistance or Fifth Amendment confrontation problems—benefit from thorough legal analysis and persuasive briefing. These arguments often require detailed explanation of controlling precedent and how it applies to your specific circumstances. Comprehensive representation ensures your constitutional rights are fully advocated.
When Focused Appellate Action May Suffice:
Clear Single Error on the Record
If your trial record contains one clearly documented error—such as a trial court’s erroneous exclusion of critical evidence or a demonstrably incorrect jury instruction—a focused appellate approach addressing that specific issue may be sufficient. A narrowly tailored brief emphasizing the clear error can be effective when the legal ground is strong and straightforward.
Sentencing-Only Appeals
If your conviction is sound but you believe your sentence is excessive or was imposed based on improper factors, a sentencing-focused appeal may be appropriate. These appeals concentrate on sentencing law, guidelines compliance, and mitigation factors without challenging the underlying conviction. Targeted sentencing advocacy can sometimes achieve favorable results without broader appellate litigation.
Common Situations Where Appeals Are Pursued
Why Choose the Law Offices of Greene and Lloyd for Your Appeal
The Law Offices of Greene and Lloyd brings deep knowledge of appellate procedure, criminal law, and the courts of Washington. We have successfully handled appeals across state and federal systems, with attorneys who understand both trial-level practice and appellate strategy. Our team recognizes that every case is unique and requires careful analysis of the specific legal issues present. We invest the time necessary to thoroughly review trial records, identify potential errors, and develop compelling written and oral arguments. Your appeal deserves representation from counsel with genuine appellate experience and proven track records in the courts that will review your case.
We recognize that the appellate process can feel overwhelming, especially after a conviction. Our firm provides clear communication about your case, realistic assessments of viable appellate arguments, and aggressive advocacy before the appellate court. We understand the impact a conviction has on your life and work tirelessly to present the strongest possible case for relief. From the initial case review through oral arguments before appellate judges, the Law Offices of Greene and Lloyd is committed to pursuing every legitimate avenue toward overturning your conviction or obtaining a new trial.
Contact Our Burlington Appeals Team Today
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FAQS
What is the deadline for filing an appeal in Washington?
In Washington, you must file your notice of appeal within 30 days after the trial court enters a judgment of conviction and sentence. This deadline is strict and cannot be extended except in extraordinary circumstances. Missing this deadline will result in permanent loss of your right to appeal. If you believe you have grounds for appeal, you must contact an attorney immediately after sentencing to ensure compliance with this critical deadline. For felony convictions, you may be able to file additional motions after the initial 30-day window, such as a motion for reconsideration or motion to revise a sentence, which can extend the period for certain arguments. However, these are limited remedies with specific requirements, so it is essential to consult with an appellate attorney who understands Washington’s procedural rules to protect all of your rights.
Can I appeal if my trial attorney made mistakes?
Yes. If your trial attorney provided deficient representation that prejudiced your defense, you may have grounds for appeal based on ineffective assistance of counsel. This claim requires showing that your attorney’s performance fell below professional standards and that but for the deficiency, there is a reasonable probability the outcome would have been different. Examples include failure to investigate, inadequate cross-examination, failure to object to improper evidence, or poor strategic decisions. However, not all attorney mistakes rise to the level of appellable error. Courts recognize that trial counsel must make strategic judgments, and some errors are considered harmless. This is why thorough analysis of your specific circumstances is necessary. Our firm evaluates whether trial counsel errors provide viable appellate grounds and advocates forcefully on your behalf.
What is the difference between a direct appeal and post-conviction relief?
A direct appeal challenges the conviction or sentence based on errors that appear in the trial record—such as improper jury instructions, evidentiary errors, or sentencing issues. Direct appeals must be filed within 30 days of sentencing and focus on legal questions that can be resolved by reviewing the existing trial record. Post-conviction relief, by contrast, addresses issues not apparent from the trial record, such as ineffective assistance of counsel, newly discovered evidence, or constitutional violations that require factual development. Post-conviction relief petitions have different deadlines and procedures than direct appeals. In Washington, claims of ineffective assistance of counsel are typically pursued through post-conviction relief rather than direct appeal. Both mechanisms are important tools for challenging convictions, and understanding which remedy applies to your situation requires careful legal analysis.
How long does the appellate process typically take?
The appellate timeline varies depending on the complexity of your case and the court’s docket, but direct appeals typically take 12 to 24 months from notice of appeal to final decision. This includes time for briefing, scheduling oral arguments, and the court’s deliberation. Post-conviction relief cases may take longer, especially if evidentiary hearings are necessary or if the case proceeds through multiple levels of appellate review. Federal appeals can take even longer due to the complexity of federal procedure and criminal law. While the process requires patience, thorough appellate review is essential for protecting your rights. Rushing the process or failing to raise all viable arguments can result in waiver of claims. Our firm manages the timeline strategically to ensure all arguments are properly presented without unnecessary delay.
What are my chances of success on appeal?
Success rates on appeal vary significantly depending on the nature of your case, the legal issues involved, and the strength of the trial record. Some types of errors—such as structural constitutional violations—nearly always result in reversal, while other errors require more persuasive briefing to overcome appellate deference to trial court decisions. Statistics show that a meaningful percentage of criminal appeals succeed, particularly those raising strong ineffective assistance or sentencing issues. The likelihood of success in your particular case depends on thorough analysis of the trial record and applicable law. We provide realistic assessments of your case’s prospects after careful review, and we focus our arguments on the most viable and compelling issues. Even when reversal is uncertain, appeals can sometimes result in sentence reduction or remand for new trials with proper legal procedures.
Can I appeal my sentence without appealing my conviction?
Yes. You can appeal your sentence without challenging the underlying conviction if you believe the sentence is excessive, was imposed based on improper factors, or violates sentencing law. Sentencing-only appeals focus on issues such as whether the trial court properly applied sentencing guidelines, considered relevant mitigating factors, or complied with legal requirements governing sentencing. These appeals do not require you to prove your conviction was erroneous. Sentencing appeals have gained importance in recent years as appellate courts have become more willing to review sentencing decisions for constitutional violations and legal errors. If your conviction stands but you believe your sentence is unjust, a focused sentencing appeal may be an effective way to seek reduction of your sentence without the broader challenge to your conviction.
What happens at oral arguments before the appellate court?
Oral arguments before the appellate court provide an opportunity for your attorney to present your case directly to the judges who will decide your appeal. During oral arguments, typically lasting 15-30 minutes per side, your attorney discusses the key legal issues and responds to judges’ questions about the law and how it applies to your case. Judges use oral arguments to probe the strength of arguments and test counsel’s understanding of the applicable law and case facts. Oral arguments require careful preparation and thorough knowledge of the case record and applicable law. Attorneys must be ready to address any question a judge raises and to make persuasive legal arguments under pressure. Not all appeals include oral argument—the court may decide the case on the briefs alone—but when oral argument is allowed, it can significantly influence the outcome.
Can I introduce new evidence in an appeal?
Generally, appellate courts do not consider new evidence on direct appeal because appeals are based on the existing trial record. However, post-conviction relief petitions can address newly discovered evidence that meets specific requirements—typically that the evidence is newly discovered, not available at trial despite diligence, and would likely change the verdict if introduced. This requires filing a separate petition beyond the direct appeal. If you have evidence suggesting your innocence or that undermines your conviction, post-conviction relief mechanisms may provide a path to challenge your conviction. However, these claims must meet strict legal requirements. We evaluate any new evidence you possess to determine whether it provides grounds for post-conviction relief and how best to present it.
What is the standard of review for trial court decisions?
The standard of review is the legal test the appellate court applies when evaluating whether the trial court properly applied the law. Different standards apply to different types of trial court decisions. For example, questions of law receive independent appellate review, meaning the appellate court does not defer to the trial court’s legal conclusions. Factual findings by the trial court, by contrast, receive deferential review and may be overturned only if clearly erroneous. Some issues receive heightened review, such as constitutional violations, which often require harmless-error analysis—meaning the appellate court must determine whether the error had a harmless effect on the verdict. Understanding the applicable standard of review for each argument is essential to framing your appellate brief effectively. Our attorneys are skilled in applying the correct standard of review to strengthen your appellate arguments.
How much does a criminal appeal cost?
Criminal appeals involve significant attorney time for record review, legal research, brief writing, and oral argument preparation. Costs vary depending on case complexity, the number of issues on appeal, and whether the appeal proceeds through multiple courts. Our firm discusses fee arrangements transparently during the initial consultation. We offer flexible payment options and understand the financial constraints faced by many clients seeking appellate representation. Investing in quality appellate representation often proves cost-effective compared to the consequences of conviction, as successful appeals can result in sentence reduction, new trials, or conviction reversal. We provide honest assessments of your case’s prospects and the likely investment required to mount an effective appellate challenge.