Post-Conviction Relief Available
Appeals Lawyer in Rainier, Washington
Criminal Appeals and Post-Conviction Relief
A criminal conviction can have lasting consequences on your life, employment, and future opportunities. If you’ve been convicted and believe errors occurred during your trial or sentencing, an appeal may provide a path to challenge that decision. The appeals process is complex and requires careful attention to procedural rules, legal deadlines, and substantive arguments. Greene and Lloyd understand the nuances of appellate law and work diligently to identify viable grounds for appeal that could lead to a reversal, modification, or new trial.
Why Appeals Matter for Your Future
An appeal is often your best opportunity to correct injustices that occurred at trial. Many convictions involve legal errors—improper jury instructions, inadmissible evidence, ineffective assistance of counsel, or constitutional violations—that can be raised on appeal. Successfully appealing a conviction may result in a new trial, sentence reduction, or outright dismissal of charges. Even if reversal isn’t possible, appellate review can preserve issues for further relief and demonstrate that every legal avenue was pursued. Having experienced representation during the appellate process significantly increases your chances of achieving a favorable outcome.
Greene and Lloyd's Appellate Experience
How Criminal Appeals Work
The appellate process begins with filing a notice of appeal within the required timeframe, typically 30 days of sentencing. Once the appeal is properly initiated, we obtain the complete trial record and begin our analysis. We examine the trial court’s decisions, jury instructions, and the evidence presented to identify potential errors. Our appellate attorneys draft a detailed brief that outlines the legal issues, explains why trial errors occurred, and argues how those errors harmed your case. The opposing counsel files a response brief, and we may file a reply brief to address their arguments and strengthen our position.
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Key Terms in Criminal Appeals
Appellate Brief
A written document submitted to an appellate court that outlines the legal arguments, identifies trial errors, and explains why the conviction or sentence should be reversed or modified. The brief must comply with specific formatting and procedural rules and clearly articulate how errors affected the trial outcome.
Ineffective Assistance of Counsel
A claim that your trial attorney’s performance was so deficient that it fell below an objective standard of reasonableness, and that deficient performance prejudiced your defense. This is a common appellate issue and can be grounds for a new trial if successfully proven.
Harmless Error
A trial error that the appellate court determines did not affect the outcome of the case or was not so prejudicial as to warrant reversal. Not all trial errors result in overturning a conviction; the error must have substantially affected your rights for appeal to succeed.
Oral Arguments
A presentation before the appellate panel where both sides’ attorneys discuss the legal issues and answer judges’ questions. Oral arguments allow the court to clarify points from the briefs and directly hear arguments about why the trial decision should be affirmed or reversed.
PRO TIPS
Meet Strict Deadlines
Appeals operate under strict procedural timelines that cannot be extended without good cause. Missing a filing deadline can result in permanent loss of your appeal rights. We carefully track all deadlines and ensure every document is filed timely and correctly to protect your appellate rights.
Preserve Legal Issues
Issues must typically be raised at trial to be appealed, so your trial attorney’s decisions directly impact what can be challenged on appeal. We work with you to understand what issues were raised and preserved during your case so we can develop the strongest appellate strategy possible.
Document Everything
A complete and accurate trial record is essential for successful appellate review. We obtain transcripts, evidence documents, and all court filings to thoroughly analyze your case. Our detailed review of the record helps identify potential errors that may have been missed.
Appellate Options and When to Use Them
When Full Appellate Representation is Necessary:
Serious Convictions or Lengthy Sentences
Felony convictions and significant prison sentences justify comprehensive appellate representation to maximize chances of reversal or reduction. The stakes are high when your liberty and future are at risk from a serious conviction. Full appellate advocacy ensures every possible error is identified and thoroughly argued.
Multiple Trial Errors or Constitutional Issues
When your case involves numerous trial errors, jury instruction problems, evidentiary issues, or constitutional violations, comprehensive representation is essential to properly develop all claims. Multiple errors create stronger grounds for reversal and require coordinated appellate strategy. Our firm addresses each error thoroughly to build a compelling case for appeal.
When a Focused Appellate Strategy Works:
Specific Sentencing Issues
Some appeals focus primarily on sentencing challenges where the trial itself was conducted fairly but the sentence imposed was excessive or improper. A focused appellate strategy targeting sentencing errors can be effective when trial procedures were followed correctly. This approach concentrates resources on the specific claim most likely to succeed.
Procedural or Technical Challenges
Appeals involving clear procedural errors or technical legal issues sometimes require targeted rather than comprehensive representation. When the legal problem is narrow and well-defined, a focused appellate strategy can effectively address the specific claim. We assess your case to determine whether limited or comprehensive representation best serves your interests.
Common Situations Requiring Appeals
Why Choose Greene and Lloyd for Your Appeal
Our appellate attorneys bring years of experience handling criminal appeals across diverse charges and circumstances. We understand the appellate process intimately and know how to identify and effectively argue errors that occurred at trial. We approach each appeal methodically, reviewing every aspect of your case to develop the strongest possible arguments. Our goal is always to achieve the best outcome—whether that means reversing your conviction, reducing your sentence, or securing post-conviction relief.
We recognize that appellate representation requires different skills than trial advocacy. Our firm maintains strong relationships with appellate courts and understands the nuances of appellate procedure, deadlines, and the standards courts apply when reviewing trial decisions. We communicate clearly throughout the appellate process, explaining complex legal issues and keeping you informed of progress. When you choose Greene and Lloyd for your appeal, you gain representation that is thorough, strategic, and committed to protecting your rights.
Contact us today to discuss your appeal options.
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FAQS
What is the deadline for filing a criminal appeal in Washington?
In Washington, the deadline to file a notice of appeal is typically 30 days after sentencing. This deadline is mandatory and cannot be extended without exceptional circumstances. If you miss this deadline, you may permanently lose your right to appeal. It’s critical to contact an appellate attorney immediately after conviction or sentencing to ensure your appeal rights are preserved and all deadlines are met. Certain circumstances, such as filing a motion for reconsideration or requesting a stay of execution of sentence, can affect the deadline calculation. An experienced appellate attorney will carefully review your specific situation to ensure all procedural deadlines are properly tracked and met. We take responsibility for managing these critical timelines so you don’t lose your appeal rights due to procedural error.
Can I appeal my sentence without appealing my conviction?
Yes, you can appeal your sentence independently of appealing your conviction. Sentencing appeals focus on whether the sentence imposed was legal, appropriate, and consistent with sentencing guidelines. Common sentencing issues include excessive imprisonment terms, improper application of sentencing enhancements, or failure to consider mitigating factors. This type of appeal can be effective even when your conviction itself is not appealable. Sentencing appeals often focus on whether the trial court abused its discretion in imposing your sentence or violated sentencing law. We carefully review the sentencing record to identify legal errors and arguments for reduction. If your case involves sentencing concerns, we can pursue a focused appeal addressing only those issues or combine it with conviction-related claims if multiple issues exist.
What are the grounds for a successful criminal appeal?
Successful criminal appeals typically involve trial errors that affected the outcome of your case or violated your constitutional rights. Common grounds for appeal include jury instruction errors that misstated the law, admission of prejudicial evidence that should have been excluded, ineffective assistance of counsel, prosecutorial misconduct, or insufficient evidence to support conviction. The error must be more than harmless—it must have actually prejudiced your defense. Other potential grounds include violations of your constitutional rights during investigation or trial, such as improper search and seizure, violation of right to counsel, or denial of confrontation. Appeals also address sentencing issues like excessive sentences or improper application of sentencing law. We thoroughly examine your complete trial record to identify every potential ground for appeal and develop arguments most likely to succeed.
How long does the appellate process typically take?
The appellate timeline varies significantly depending on the court’s workload and complexity of your case. Typically, from filing the notice of appeal to receiving a decision takes between six months to two years. The process includes obtaining the trial record, researching and writing the appellate brief, filing and responding to briefs, and oral arguments. Each stage has specific deadlines and waiting periods that affect the overall timeline. Different appellate courts have different processing times. The Washington Court of Appeals generally moves faster than the Washington Supreme Court. Federal appellate review adds additional time. While waiting for your appeal, we keep you informed of progress and explain what is happening at each stage. We work diligently to move your case forward while ensuring all arguments are thoroughly developed.
Can I appeal if I pled guilty?
Yes, you can appeal even if you entered a guilty plea, though your appellate options are more limited. When you plead guilty, you typically waive the right to challenge trial procedures or evidence. However, you can still appeal sentencing issues, claim ineffective assistance of counsel if your attorney failed to properly advise you about the plea consequences, or challenge the legality of the plea itself. You may also appeal if your guilty plea was entered involuntarily or without understanding the consequences. Guilty plea appeals require careful analysis to identify available claims. We review whether your attorney adequately advised you about the consequences, whether you fully understood your rights, and whether the trial court properly accepted your plea. If your attorney’s performance was deficient in advising you about the plea, or if the plea was not knowing and voluntary, grounds for appeal may exist.
What is ineffective assistance of counsel and how is it proven?
Ineffective assistance of counsel occurs when your trial attorney’s performance fell below an objective standard of reasonableness and that deficient performance prejudiced your defense. To succeed on this claim, you must show both that your attorney’s conduct was deficient and that the deficiency was likely outcome-determinative—meaning your case probably would have had a different result if counsel had performed adequately. This is a common appellate issue but requires strong evidence of attorney error. Examples of ineffective assistance include failure to investigate defenses, inadequate cross-examination of key witnesses, failure to file necessary motions, or abandoning viable defense strategies. We carefully examine your trial record and attorney conduct to determine whether ineffective assistance occurred. If we identify deficient performance that likely affected your case outcome, we develop this claim thoroughly in your appellate brief.
What happens during appellate oral arguments?
Appellate oral arguments are presentations before a panel of appellate judges where both sides’ attorneys discuss the legal issues and answer the court’s questions. Your attorney has limited time—typically 15 to 30 minutes—to present the strongest arguments for why the trial court’s decision should be reversed or modified. The judges actively participate by asking questions to clarify legal points and test the strength of arguments. Oral arguments give appellate judges direct contact with the attorneys and allow them to hear arguments about the case before making their decision. We prepare extensively for oral arguments by anticipating questions, practicing presentations, and refining arguments based on judge inquiries. Your presence at oral arguments may be permitted depending on court rules, and we can discuss whether your attendance would be beneficial.
Can I appeal to federal court after losing in Washington state court?
After exhausting your state appellate remedies, you may petition for review in federal court through a writ of habeas corpus or, in limited circumstances, a direct appeal to federal court. Federal review typically requires showing that your state conviction violated federal constitutional rights or that your attorney’s performance violated the Sixth Amendment guarantee of effective assistance. Federal appellate standards are strict and reversal is difficult, but federal review remains available in appropriate cases. We evaluate whether your case presents viable federal issues that warrant further review after state appeals are exhausted. Federal appellate representation requires different skills than state appellate work, and we work with attorneys experienced in federal practice when your case warrants federal review. We explain your options and help you understand whether federal review is realistic given your specific circumstances.
What documents do I need for an appeal?
Appellate cases require the complete trial record, including the transcript of all trial proceedings, exhibits admitted at trial, motions filed during the case, court orders, jury instructions, and sentencing documents. You’ll also need copies of any pre-trial investigation reports, police reports, and evidence that was relevant to your case. We request these documents from the trial court and ensure our appellate file contains everything necessary for thorough review. We compile and organize all documents needed for appellate briefing and argument. This includes obtaining official transcripts from court reporters, court files, and any other relevant materials. Having a complete and accurate record is essential for identifying trial errors and developing appellate arguments. We handle all documentation gathering so you can focus on the important task of explaining your case to us.
Is there a cost to filing a criminal appeal?
The cost of filing an appeal includes court filing fees and attorney representation fees. Filing fees vary depending on which court you’re appealing to, but typically range from several hundred to over a thousand dollars. If you cannot afford filing fees, we can assist with seeking a waiver based on financial hardship. Attorney representation costs depend on the complexity of your case and the extent of appellate work required. We work with you to understand the costs involved and discuss fee arrangements that fit your situation. Some appellate cases can be resolved more efficiently than others, and we provide estimates based on your specific circumstances. If you received a public defender at trial, appellate counsel may also be appointed at no cost if you qualify. We discuss all cost options and payment arrangements during your initial consultation.