Appellate Representation That Works
Appeals Lawyer in Cheney, Washington
Criminal Appeals and Post-Conviction Relief in Cheney
If you have been convicted of a crime in Washington, an appeal may offer a pathway to challenge the conviction or reduce your sentence. The Law Offices of Greene and Lloyd provides vigorous appellate representation to clients throughout Cheney and Spokane County. Our attorneys thoroughly review trial records, identify legal errors, and present compelling arguments before appellate courts. We understand that your conviction has significant consequences for your life and future, which is why we commit substantial resources to developing strong appellate strategies tailored to your unique circumstances.
Why Criminal Appeals Are Critical to Your Case
Criminal appeals protect your constitutional rights and provide an opportunity to correct errors that affected your trial’s fairness and outcome. Many convictions involve legal mistakes that appellate courts routinely reverse, including improper jury instructions, admission of inadmissible evidence, ineffective assistance of counsel, and prosecutorial misconduct. Pursuing an appeal demonstrates your commitment to justice and may result in complete reversal, resentencing to a lower term, or a new trial. The appellate process also creates a detailed written record that may support future petitions for relief. Taking action now protects your legal rights and preserves your ability to challenge an unjust conviction.
Our Attorneys' Track Record in Washington Appeals
How Criminal Appeals Work in Washington
A criminal appeal begins after sentencing when a notice of appeal is timely filed with the appellate court. Your appellate attorney then obtains the complete trial record, including transcripts and exhibits, and thoroughly reviews every aspect of the proceedings. We identify potential legal errors—such as incorrect jury instructions, evidentiary violations, or constitutional problems—and develop a legal theory to argue those errors on appeal. Our team prepares a detailed appellate brief presenting our arguments to the court, supported by relevant case law and statutory authority. Depending on the circumstances, oral argument may be requested to further advocate for your position before the appellate panel.
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Key Appellate Law Terms and Definitions
Direct Appeal
A direct appeal challenges the legality of a conviction or sentence based on errors that appear in the trial record. It is filed shortly after sentencing and is the first opportunity to appeal a criminal conviction in Washington courts.
Ineffective Assistance of Counsel
This claim argues that your trial attorney’s performance was so deficient that it undermined the fairness of your trial, meeting the legal standard established in Strickland v. Washington.
Appellate Brief
A written document submitted to the appellate court presenting legal arguments, citations to law, and the factual record to support your appeal of a conviction or sentence.
Standard of Review
The level of scrutiny an appellate court applies when examining a trial court’s decision, ranging from de novo review to abuse-of-discretion review depending on the type of issue being appealed.
PRO TIPS
Preserve Issues for Appeal at Trial
To successfully appeal an issue, it generally must have been raised at trial and preserved in the record for appellate review. This means your trial attorney should object to errors when they occur and create a clear record of the objection. Working with appellate counsel early, even during trial, helps ensure that all potential appeal issues are properly preserved.
Act Quickly After Sentencing
Washington law imposes strict deadlines for filing a notice of appeal, typically within thirty days of sentencing. Missing this deadline may forever bar your right to appeal. Contacting an appellate attorney immediately after conviction ensures that deadlines are met and your appellate rights are protected.
Consider Post-Conviction Relief Options
Beyond direct appeals, Washington law provides remedies such as ineffective assistance of counsel claims and petitions for review based on newly discovered evidence. Understanding all available appellate remedies maximizes your chances of obtaining relief from an unjust conviction.
Full Appeals vs. Limited Appeal Strategies
When Complete Appellate Representation is Necessary:
Multiple Trial Errors That Compounded the Conviction
When your trial involved multiple legal errors—such as improper evidence, flawed jury instructions, and ineffective assistance—a comprehensive appellate strategy is essential to present all errors and show how they collectively undermined your trial. A full appeal allows your attorney to develop interconnected legal arguments that strengthen your overall position. Courts are more likely to reverse convictions when systematic trial problems are clearly documented and presented.
Constitutional Violations or Prosecutorial Misconduct
Constitutional violations and prosecutorial misconduct demand thorough appellate advocacy because they strike at the fairness of the entire proceeding. These serious issues warrant detailed legal research, comprehensive briefing, and potentially oral argument before the appellate court. A complete appeal ensures that these critical issues receive the attention and development they deserve.
When Focused Appellate Strategies Work:
Single Clear Legal Error in an Otherwise Fair Trial
If your conviction resulted primarily from one identifiable legal error—such as a specific evidentiary ruling or jury instruction—a focused appeal targeting that issue may be sufficient. Courts sometimes reverse based on a single but significant error, especially when the evidence of guilt is not overwhelming.
Resentencing Rather Than Conviction Reversal
If you are primarily seeking a reduced sentence rather than overturning your conviction, an appeal focused on sentencing issues may be appropriate. This targeted approach allows your attorney to concentrate resources on demonstrating that your sentence was excessive under Washington sentencing law.
When Clients Pursue Criminal Appeals
Why Choose Greene and Lloyd for Your Appeal
The Law Offices of Greene and Lloyd combines deep appellate knowledge with genuine commitment to our clients’ success. Our attorneys have dedicated years to mastering Washington appellate procedure, substantive criminal law, and effective brief writing. We bring thorough case preparation, meticulous record review, and persuasive advocacy to every appeal we handle. Our team understands the stakes involved—your conviction carries profound consequences for your freedom, employment, housing, and family life. We approach each case with the seriousness it deserves, working tirelessly to identify every viable ground for relief.
Beyond appellate knowledge, we offer accessibility and transparent communication throughout the process. We keep you informed about the status of your appeal, explain legal concepts clearly, and involve you meaningfully in our strategy. Our firm’s reputation for diligent representation has earned the respect of judges, prosecutors, and fellow attorneys throughout Spokane County. When you choose Greene and Lloyd, you gain advocates who view your appeal not merely as a case file but as an opportunity to pursue justice on your behalf. Contact us today for a confidential consultation about your appellate options.
Call Greene and Lloyd Today for Appellate Help
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FAQS
How long do I have to file a criminal appeal in Washington?
Washington law generally requires that a notice of appeal be filed within thirty days of sentencing. This deadline is strict and jurisdictional, meaning the appellate court lacks authority to consider an appeal filed after this period expires. Missing this deadline effectively eliminates your right to direct appeal in most circumstances. Contacting an appellate attorney immediately after conviction is essential to ensure this critical deadline is met. In limited situations, the deadline may be extended through motions for release pending appeal or other procedural mechanisms, but these require prompt action. Do not delay—contact our office today to preserve your appellate rights.
What is the difference between a direct appeal and post-conviction relief?
A direct appeal challenges the legality of your conviction based on errors appearing in the trial record, such as improper evidence admission, jury instruction errors, or constitutional violations. This appeal must be filed within thirty days of sentencing and examines only what occurred at trial. Post-conviction relief, by contrast, addresses claims based on facts outside the trial record, such as newly discovered evidence, ineffective assistance of counsel, or changed law. Post-conviction petitions have longer filing deadlines and different procedural requirements than direct appeals. Both remedies may be available depending on your circumstances, and pursuing them strategically can maximize your chances of obtaining relief. Our attorneys can evaluate which remedies apply to your specific situation.
Can I appeal if I entered a guilty plea?
Yes, you can appeal even after entering a guilty plea, though the grounds for appeal are more limited than when challenging a conviction after trial. When you plead guilty, you waive most trial-related issues, but you may still appeal on constitutional grounds or argue that your plea was not knowing and voluntary. You can challenge the legality of the sentence imposed or raise claims of ineffective assistance of counsel related to plea negotiation. Courts recognize that guilty pleas sometimes result from inadequate legal representation or failure to explore available defenses. If you believe your attorney provided ineffective assistance during plea negotiations or if your sentence was imposed in violation of law, our appellate attorneys can review your case and pursue available remedies.
What happens during oral argument in an appeal?
Oral argument is an opportunity for your appellate attorney to present your case directly to the appellate judges before they issue their decision. Each side typically receives fifteen to thirty minutes to discuss the legal issues and respond to questions from the panel. Your attorney will present the strongest arguments on behalf of your appeal while fielding judicial questions designed to test the merits of your position. Appellate judges use oral argument to probe weaknesses in the legal theories and clarify the record where questions exist. Although not all appeals receive oral argument, requesting argument when appropriate can significantly influence the outcome. Our attorneys prepare meticulously for oral argument and effectively communicate the complexity of your case to the court.
How much does a criminal appeal cost?
The cost of a criminal appeal varies depending on the complexity of your case, the issues being raised, and the amount of research and briefing required. Appeals involving straightforward legal issues may cost less than cases with multiple complex arguments requiring substantial research. We provide transparent fee estimates before beginning work on your appeal. Many clients benefit from understanding the full scope of costs upfront so they can make informed decisions about their representation. We work with clients on payment arrangements and can discuss the likely costs associated with your specific situation. Contact us for a confidential consultation and detailed fee information for your appeal.
What is the likelihood of success in a criminal appeal?
Success rates in criminal appeals depend heavily on the specific circumstances of your case, the quality of legal representation you received at trial, and the strength of the errors you are raising on appeal. Some appeals present compelling legal issues with strong reversal potential, while others face longer odds. Experienced appellate attorneys can candidly assess your case’s prospects based on appellate precedent and applicable law. We do not guarantee outcomes, but we commit to thorough research and persuasive advocacy to maximize your chances of obtaining relief. Even appeals with seemingly difficult legal questions may succeed when arguments are carefully developed and effectively presented. Our initial consultation includes an honest evaluation of your appeal’s potential.
Can I pursue both a direct appeal and post-conviction relief?
Yes, in many circumstances you can pursue both a direct appeal and post-conviction relief, though the timing and coordination of these remedies requires careful planning. A direct appeal must be filed within thirty days of sentencing and typically concludes before post-conviction petitions are pursued. Post-conviction relief allows you to raise different issues, particularly those involving facts outside the trial record or ineffective assistance claims. Strategic coordination of these remedies can address various types of trial errors and enhance your overall chances of obtaining relief. Our attorneys plan your appellate strategy to take full advantage of all available remedies. We can advise whether pursuing both remedies makes sense for your case.
What should I do if I cannot afford to hire an appellate attorney?
If you cannot afford private appellate counsel, you may be eligible for appointed counsel through your public defender’s office or through court-appointed appellate counsel. You must request this assistance in writing to the trial court within time limits set by law. Public defenders’ offices typically handle appellate matters for indigent defendants, and their appellate divisions employ attorneys with significant experience. If you have been denied effective appellate assistance from your public defender, you may be able to pursue claims of ineffective assistance. Additionally, we sometimes work with clients on reduced fee arrangements or payment plans. Contact our office to discuss your financial situation and explore possible representation options.
How long does the appellate process typically take?
The appellate process generally takes between six months and two years from the filing of a notice of appeal to a final appellate decision. The timeline depends on the complexity of the case, the number of issues being appealed, and the appellate court’s caseload. Your attorney must first obtain the trial record and transcripts, which can take several months. The briefing schedule typically allows several months for submission of all briefs. After briefing concludes, the court may decide the case based on written submissions or schedule oral argument, which adds additional time. Some cases are decided relatively quickly, while others require extended deliberation. We can provide a more specific timeline estimate based on your particular appeal’s characteristics.
What happens if my appeal is denied?
If your direct appeal is denied, you may have options for further relief depending on the circumstances. You can petition for review before the Washington Supreme Court, though the court accepts only a small percentage of cases for further review. If you did not raise certain claims on direct appeal or if new facts have emerged, you may pursue post-conviction relief through collateral attack. You might also have grounds for federal habeas corpus relief if your case involves federal constitutional issues. Even if initial appeals are unsuccessful, subsequent remedies may remain available. Our attorneys can evaluate your options after an appellate decision and advise whether pursuing further relief is warranted. Do not assume your case is over after a single appellate loss.