Post-Conviction Relief Options
Appeals Lawyer in Spokane Valley, Washington
Criminal Appeals and Post-Conviction Relief Guide
If you have been convicted of a crime in Spokane Valley, an appeal may offer a path to challenge the conviction or sentence. Appeals focus on legal errors that occurred during trial, such as improper jury instructions, evidentiary mistakes, or ineffective assistance of counsel. The appeals process is distinct from trial proceedings and requires a thorough understanding of appellate law. At Law Offices of Greene and Lloyd, we review trial records meticulously to identify viable grounds for appeal and present compelling arguments to appellate courts on your behalf.
Why Criminal Appeals Matter
Criminal appeals provide an essential mechanism for addressing trial errors that may have unfairly affected your case. By appealing a conviction, you can challenge evidentiary rulings, jury instructions, sentencing decisions, and claims of inadequate legal representation. Successful appeals can result in case reversals, new trials, or reduced sentences. Additionally, appellate review ensures that constitutional protections are upheld throughout the criminal justice system. Having a qualified attorney review your case is crucial, as appellate courts have strict rules regarding which issues can be raised and how they must be presented.
Law Offices of Greene and Lloyd's Appeals Practice
How Criminal Appeals Work
A criminal appeal begins with filing a notice of appeal within strict deadlines established by Washington law. Once the notice is filed, the appellate court orders the trial court to prepare and submit the complete case record. Our attorneys then conduct a comprehensive review of this record, analyzing jury instructions, evidentiary rulings, witness testimony, and legal standards to identify potential errors. We prepare a written brief that presents our arguments to the appellate court, highlighting how trial errors affected your case outcome and why reversal or modification is warranted.
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Appeals Terminology and Key Definitions
Appellate Brief
A written document submitted to the appellate court presenting legal arguments and citations to case law and statutes supporting your appeal. The brief outlines alleged trial errors and explains why those errors warrant reversal or modification of the conviction or sentence.
Ineffective Assistance of Counsel
A claim that your trial attorney’s performance fell below acceptable standards and prejudiced your case. To succeed on this ground, you must demonstrate that counsel’s performance was deficient and that this deficiency affected the trial outcome.
Harmless Error
A legal error that occurred during trial but did not substantially affect the verdict or sentence. Appellate courts may affirm convictions despite harmless errors if the evidence of guilt is overwhelming.
Notice of Appeal
The formal document filed with the trial court that initiates the appellate process. This notice must be filed within specific deadlines, typically thirty days after sentencing, or your right to appeal may be forfeited.
PRO TIPS
Meet Strict Filing Deadlines
Washington law imposes strict deadlines for filing notices of appeal, and missing these deadlines can result in forfeiture of your appellate rights. Once the deadline passes, you generally cannot pursue an appeal of the conviction, though limited exceptions exist. Contact an attorney immediately after sentencing to ensure all necessary deadlines are met and your appeal is properly preserved.
Preserve the Record at Trial
Effective appeals depend on a complete and accurate trial record. During trial, your attorney should make timely objections to improper evidence, jury instructions, and procedural violations to preserve these issues for appeal. Without proper preservation at trial, appellate courts will not review many claimed errors. This is why trial and appellate strategy must work together.
Consider All Available Options
Beyond direct appeals of convictions, you may have options including sentence appeals, post-conviction relief petitions, and collateral attacks on your conviction. Each remedy has different grounds, procedures, and timeframes. A comprehensive legal review will identify all available avenues for relief based on your specific circumstances.
Direct Appeals Versus Other Post-Conviction Remedies
When Full Appellate Representation Is Essential:
Significant Trial Errors Affecting Outcome
When trial proceedings contained substantial legal errors—such as admission of illegally obtained evidence, improper jury instructions, or prosecutorial misconduct—comprehensive appellate representation becomes necessary. These errors can fundamentally undermine the fairness of your trial and warrant full appellate review. A dedicated appeals attorney will thoroughly analyze the trial record and develop persuasive arguments for reversal.
Severe Sentencing Concerns
If your sentence appears excessive compared to applicable sentencing guidelines or if the sentencing judge made legal errors in calculating your sentence, a sentence appeal may reduce your prison time. Appellate courts can review whether sentencing decisions were lawful and reasonable. Full appellate advocacy ensures your sentencing arguments receive thorough development and persuasive presentation.
Situations Where Streamlined Relief Might Apply:
Clear Guilty Plea and Limited Grounds
If you entered a guilty plea with limited grounds for appeal—such as challenging whether the plea was knowing and voluntary—a more focused appellate approach may be appropriate. Appeals following guilty pleas are narrower than appeals of guilty verdicts. However, even in these cases, your attorney should thoroughly examine whether counsel performance during plea negotiations fell below professional standards.
Predominantly Factual Disputes
If your case involves primarily factual disputes—such as disagreements about what evidence proves—appellate review becomes more limited, as courts defer to jury verdicts on factual matters. However, legal errors in how facts were presented to the jury are still reviewable. Assessment by a qualified attorney determines whether legal grounds for appeal exist despite factual nature of the dispute.
Typical Situations Requiring Appeals Counsel
Why Choose Law Offices of Greene and Lloyd for Your Appeal
Law Offices of Greene and Lloyd brings comprehensive knowledge of Washington appellate law and extensive experience handling criminal appeals throughout the state. Our attorneys understand the appellate process intimately, from filing deadlines through final decisions. We approach each appeal as a critical opportunity to challenge unfair convictions and sentences. Our thorough analysis of trial records and meticulous brief writing give our clients the strongest possible advocacy before appellate courts.
We recognize that the appellate process can seem overwhelming, particularly for clients already facing conviction and incarceration. Our attorneys take time to explain your rights, available options, and realistic prospects for success. We maintain open communication throughout the appellate process and keep you informed about significant developments. If your case has appellable issues, we pursue them aggressively while maintaining professional respect for the court process.
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FAQS
What is the deadline for filing a criminal appeal in Washington?
In Washington State, the notice of appeal must be filed within thirty days after sentencing in most cases. This deadline is strict, and missing it typically forfeits your right to appeal the conviction, though limited exceptions exist for newly discovered evidence or other extraordinary circumstances. If you believe an appeal is necessary, contact an attorney immediately after sentencing to ensure this critical deadline is met. The thirty-day deadline applies to appeals of conviction following trial. Appeals of sentences alone may have different timeframes. Additionally, post-conviction relief petitions under RAP 16.4 have their own deadlines. An experienced appellate attorney can advise you on which deadlines apply to your specific situation and ensure all necessary documents are filed on time.
What types of errors can be raised on appeal?
Criminal appeals typically address legal errors that occurred during trial, such as improper admission of evidence, incorrect jury instructions, prosecutorial misconduct, ineffective assistance of counsel, and errors in sentencing. Appeals focus on whether legal standards were properly applied, not on whether the jury made mistakes in evaluating facts. Appellate courts generally defer to jury verdicts regarding factual matters and evidence credibility. Common grounds for appeal include claims that evidence was illegally obtained in violation of constitutional rights, jury instructions did not accurately state applicable law, the prosecution made misleading statements to the jury, or trial counsel failed to provide adequate representation. An attorney must review your complete trial record to identify which issues were properly preserved for appeal and have viable legal merit.
How long does a criminal appeal typically take?
The appellate timeline varies depending on the court’s caseload and complexity of the case, but most appeals take between twelve to eighteen months from filing the notice of appeal to receiving the appellate court’s decision. Cases involving voluminous trial records or complex legal issues may take longer. The appellate court must allow time for both sides to submit briefs and may schedule oral arguments before issuing its written decision. Post-conviction relief petitions and appeals of post-conviction decisions may add additional time if your case proceeds through multiple levels of review. While the appellate process requires patience, the careful legal analysis and thorough advocacy conducted during this time can result in meaningful relief. Your attorney can provide a more specific timeline estimate after reviewing your particular case circumstances.
Can I appeal if I entered a guilty plea?
Yes, appeals following guilty pleas are possible, but they are more limited than appeals of guilty verdicts. You can appeal a guilty plea if the plea was not knowing and voluntary, if you received ineffective assistance of counsel during the plea process, or if the sentence is illegal or unreasonable. You cannot appeal the factual basis underlying the plea or challenge the underlying charges simply because you later disagree with the plea decision. Appellate review of guilty pleas focuses on whether your attorney properly explained the consequences and constitutional rights you were waiving, whether you understood those consequences, and whether any coercion or pressure affected your decision. If trial counsel failed to adequately advise you before the plea or if the plea judge did not ensure your understanding, appellate relief may be available. An attorney can evaluate whether your particular guilty plea situation has grounds for appeal.
What is an ineffective assistance of counsel claim on appeal?
An ineffective assistance of counsel claim asserts that your trial attorney’s performance fell below professional standards and that this deficient performance prejudiced your case. To succeed on this claim, you must demonstrate both that your attorney’s conduct was deficient and that this deficiency affected the trial outcome—meaning a competent attorney’s performance likely would have produced a different result. Common examples of ineffective assistance include failure to investigate important evidence, failure to file necessary motions, failure to object to improper evidence or jury instructions, poor trial strategy decisions, or failure to adequately represent you at sentencing. These claims require careful analysis of what your attorney did, what other attorneys would have done in similar circumstances, and how the outcome was affected. Post-conviction review provides an opportunity to present evidence and arguments about trial counsel’s performance.
Can a sentence be appealed separately from the conviction?
Yes, Washington law allows sentence appeals separate from conviction appeals. You can appeal your sentence arguing that it is excessive, that the sentencing judge made legal errors in calculating your sentence, or that the judge abused discretion in sentencing. Sentence appeals require demonstrating that the sentence falls outside the range authorized by law or that the sentencing decision was unreasonable under the circumstances. Sentence appeal arguments may include claims that sentencing guidelines were miscalculated, that the judge improperly considered certain factors, or that your individual circumstances warrant a lower sentence. While appellate courts generally show deference to sentencing judges’ discretionary decisions, reversible errors can occur. Skilled appellate advocacy presents your sentencing arguments persuasively, highlighting mitigation and arguing for sentence reduction.
What happens after the appellate court issues its decision?
The appellate court’s decision will either affirm the conviction and sentence, reverse and remand for a new trial, or modify the sentence. If the court affirms, your conviction stands. If the court reverses, the case returns to trial court for further proceedings, which may include a new trial, new sentencing, or dismissal of charges depending on the specific reversal grounds. If the court modifies the sentence, a new sentence within the modified range is imposed. If you disagree with the appellate court’s decision, you may request the court reconsider certain issues or petition the Washington Supreme Court for further review. Supreme Court review is discretionary and granted only in cases presenting significant legal issues. Your attorney can explain what options remain after the appellate decision and whether further review is advisable in your situation.
How much does a criminal appeal cost?
Appeals costs vary depending on case complexity, trial record length, and the scope of legal issues involved. Detailed trial records requiring extensive analysis increase appellate costs, as do complex legal questions requiring substantial research. Many appellate attorneys charge either flat fees for handling the complete appeal or hourly rates for their work. Discussing fees and fee arrangements with your attorney before retaining representation ensures clear understanding of costs. If you cannot afford appellate representation, you may be eligible for court-appointed counsel. The appellate court can appoint a public defender or private attorney at state expense if you demonstrate financial inability to retain counsel. Discuss your financial circumstances with the court or with a private attorney to understand what options are available for your case.
What evidence can be presented during an appeal?
Unlike trials where witnesses testify and evidence is presented live to the jury, appellate proceedings primarily involve written briefs and oral arguments. Appellate courts review the trial record—the transcripts, exhibits, and documents from the trial court proceedings. Generally, new evidence cannot be introduced during appeal unless it was not available at trial through reasonable diligence and would likely have changed the outcome. Post-conviction relief proceedings allow introduction of new evidence under RAP 16.4 if the evidence was not available during trial. This might include evidence of trial counsel’s ineffective performance or newly discovered exonerating evidence. Your attorney can explain which evidence is properly presented at each stage of the appellate process and how to introduce evidence that was not available during trial.
How should I communicate with my appellate attorney during the appeal process?
Maintain regular communication with your appellate attorney throughout the appeal process. Inform your attorney of any changes to your address or contact information, important life events, or new information that might affect your case. While your attorney takes the lead in developing appellate arguments and writing briefs, sharing your perspective and concerns helps ensure your representation addresses issues important to you. Understood that your attorney will explain which issues are appropriate for appeal, which arguments are most likely to succeed, and what realistic outcomes to expect. While you should remain informed about your case progress, trust your attorney’s professional judgment regarding appellate strategy. Regular communication ensures you stay updated about developments and helps your attorney provide representation aligned with your interests.