Post-Conviction Relief Options
Appeals Lawyer in Lakeland South, Washington
Criminal Appeals and Post-Conviction Relief Guide
If you have been convicted of a crime in Washington, an appeal may provide an opportunity to challenge the conviction or sentence based on legal errors, procedural violations, or constitutional issues that occurred during trial or sentencing. The appeals process is highly technical and time-sensitive, requiring thorough analysis of trial records and identification of grounds for reversal. At Law Offices of Greene and Lloyd, we understand the stakes involved when your freedom and future are at risk. Our team works diligently to review your case, identify potential legal errors, and advocate for your rights through every stage of the appellate process.
Why Criminal Appeals Are Important
Criminal appeals serve as a critical safeguard against wrongful convictions and unfair sentences. The appellate process allows courts to review whether proper legal procedures were followed, whether sufficient evidence supported the guilty verdict, and whether your constitutional rights were protected during trial. Many convictions contain reversible errors that trial counsel may have failed to identify or challenge. Post-conviction relief mechanisms, including appeals and petitions for review, provide opportunities to introduce newly discovered evidence or demonstrate that you received ineffective legal representation. Pursuing an appeal demonstrates your commitment to fighting for your rights and can result in case dismissal, retrial, or sentence reduction.
Our Firm's Appellate Experience
Understanding Criminal Appeals and Post-Conviction Relief
Criminal appeals in Washington proceed through a structured appellate system designed to review trial court decisions for legal errors. The appellate process begins with filing a notice of appeal within strict statutory deadlines, followed by preparation of the appellate record containing trial transcripts and exhibits. Your appellate attorney then files a brief arguing the specific legal errors or constitutional violations that warrant reversal or modification of your conviction or sentence. The prosecution responds with their own brief defending the trial court’s decision. Oral arguments before a panel of appellate judges may be scheduled, allowing both sides to present their positions. The appellate court issues a written decision that either affirms the conviction, reverses it, or remands for further proceedings.
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Criminal Appeals Glossary
Appellate Brief
A written document filed with an appellate court that outlines the legal arguments, facts, and case law supporting why the trial court’s decision should be reversed or modified. The brief must comply with strict formatting and content requirements and is the primary method appellate attorneys use to convince judges to overturn or modify a conviction.
Reversible Error
A legal mistake or procedural violation that occurred during trial that is serious enough to warrant reversing the conviction or sentence. Reversible errors can include constitutional violations, improper jury instructions, admission of prejudicial evidence, or other trial court actions that affected the fairness of the proceedings.
Ineffective Assistance of Counsel
A claim that your trial attorney’s performance fell below acceptable professional standards and that this deficient performance prejudiced your defense, potentially affecting the outcome of your case. This is a common ground for post-conviction relief when prior counsel failed to raise important defenses or objections.
Notice of Appeal
A formal document filed within a specific timeframe after sentencing that initiates the appellate process. Filing a timely notice of appeal is essential to preserve your right to appeal, as failure to meet this deadline can result in loss of appellate rights.
PRO TIPS
Act Quickly on Appeal Deadlines
Appeal deadlines are strictly enforced in Washington, and missing these deadlines can permanently bar you from challenging your conviction. You typically have thirty days from sentencing to file a notice of appeal, and delays can result in waiver of appellate rights. Contact an appeals attorney immediately after conviction to ensure all critical deadlines are met and your case receives proper appellate attention.
Preserve Issues for Appeal
Many appellate issues must be properly raised and objected to during trial to be preserved for appeal review. If trial counsel fails to make timely objections to improper evidence, jury instructions, or prosecutorial misconduct, you may lose the ability to challenge these issues on appeal. Working with an appellate attorney after conviction allows us to identify whether critical issues were preserved and to pursue available post-conviction remedies when preservation issues exist.
Gather Evidence for Post-Conviction Relief
Newly discovered evidence or information about witness credibility issues may support post-conviction petitions even if your appeal was unsuccessful. Begin collecting any evidence that was unavailable at trial, including witness statements, police records, DNA testing results, or information casting doubt on prosecution witnesses. Early identification of potential post-conviction relief grounds increases the likelihood of success in overturning your conviction.
Appellate Options and Strategic Approaches
When Full Appellate Representation is Necessary:
Constitutional Violations During Trial
When your constitutional rights were violated during trial—such as through illegal search and seizure, denial of the right to counsel, or violation of confrontation rights—comprehensive appellate representation is essential to challenge these fundamental errors. Constitutional violations provide strong grounds for appellate reversal and often succeed where other arguments may fail. Experienced appellate counsel can identify subtle constitutional issues and develop persuasive arguments based on controlling case law.
Significant Trial Court Errors Affecting Outcome
When the trial court made substantial errors that materially affected the verdict or sentence—including improper jury instructions, evidentiary rulings that excluded crucial defense evidence, or procedural violations—comprehensive appellate representation maximizes your chances of reversal. These errors often constitute reversible error when properly presented to appellate courts. A thorough appellate brief addressing these issues with supporting legal authority provides the strongest foundation for overturning your conviction.
When Focused Appellate Advocacy May Apply:
Sentencing Appeals Only
When the conviction itself is not subject to challenge but the sentence imposed appears to be excessive or procedurally improper, a focused sentencing appeal may be appropriate. Sentencing challenges might address whether the trial court properly considered sentencing guidelines, whether victim impact statements contained improper information, or whether sentence enhancements were constitutionally applied. This narrower appellate approach can be effective when conviction-level errors are not present.
Straight Appeal with Limited Issues
When one or two clear, well-defined appellate issues exist—such as a specific evidentiary ruling or jury instruction problem—a streamlined appellate brief focusing on these particular issues may suffice without extensive post-conviction investigation. This approach can reduce costs while still providing effective appellate advocacy when the strongest arguments are readily identifiable. However, even in limited appeals, thorough legal research and persuasive brief writing remain essential to appellate success.
Common Situations Requiring Appellate Representation
Why Choose Law Offices of Greene and Lloyd for Your Appeal
Law Offices of Greene and Lloyd has dedicated substantial resources to building an appellate practice that delivers results for clients throughout Lakeland South and King County. Our attorneys combine extensive trial experience with specialized knowledge of appellate procedure, allowing us to identify errors that other counsel may have missed. We understand that appellate work requires meticulous attention to detail, comprehensive legal research, and compelling written advocacy. Our team approaches each appeal as an opportunity to fight for justice and to hold the criminal justice system accountable when errors occur. We maintain current knowledge of appellate law developments and procedural requirements, ensuring your case receives sophisticated, informed representation.
When you choose Law Offices of Greene and Lloyd, you gain advocates committed to exhausting every available remedy for challenging your conviction or sentence. We communicate regularly with clients about appellate strategy, deadlines, and developments throughout the appeal process. Our firm has successfully handled appeals involving complex constitutional questions, evidentiary disputes, and procedural challenges. We understand the emotional and practical toll that a conviction takes on you and your family, and we approach your appeal with the urgency and dedication it deserves. From filing your initial notice of appeal through oral arguments before appellate judges, we provide comprehensive representation designed to maximize your chances of successful appellate review.
Contact us today to discuss your appeal
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FAQS
What is the deadline for filing a criminal appeal in Washington?
The deadline for filing a notice of appeal in criminal cases is typically thirty days from the date of sentencing in Washington. This deadline is strictly enforced, and failure to file within this period can result in permanent loss of appellate rights. In some circumstances, if you receive ineffective assistance from trial counsel regarding the appeal deadline, additional time may be available, but relying on such exceptions is risky. If you miss the initial appeal deadline, you may still pursue post-conviction relief through other mechanisms, such as petitions for review based on newly discovered evidence or ineffective assistance of counsel claims. However, these remedies have different requirements and may be more difficult to pursue than a timely direct appeal. If you have been convicted and believe grounds for appeal exist, contact an appellate attorney immediately to ensure all critical deadlines are met.
Can I appeal if my trial attorney failed to raise important objections?
Yes, if your trial attorney failed to raise important objections or defenses, you may be able to challenge your conviction based on ineffective assistance of counsel. To succeed on such a claim, you must demonstrate that your attorney’s performance fell below acceptable professional standards and that this deficiency prejudiced your defense, potentially affecting the outcome of your case. This is a viable post-conviction remedy even if your direct appeal was unsuccessful. Ineffective assistance claims often focus on failures to investigate defenses, inadequate cross-examination of prosecution witnesses, failure to file critical motions, or neglecting to raise constitutional issues. These claims can be raised in post-conviction petitions, and if successful, may result in a new trial, dismissal of charges, or other relief. An appellate attorney can review your trial record and prior counsel’s performance to determine whether grounds for an ineffective assistance claim exist.
What is the difference between a direct appeal and post-conviction relief?
A direct appeal challenges the trial court’s conviction or sentence based on errors that appear in the trial record or legal issues that can be identified from the appellate record. Direct appeals occur within a specified timeframe after sentencing and focus on whether proper legal procedures were followed and whether sufficient evidence supported the guilty verdict. The appellate court reviews the record created during trial without hearing new evidence or testimony. Post-conviction relief mechanisms, including petitions for review based on newly discovered evidence, ineffective assistance claims, or collateral relief, go beyond the direct appeal process. These remedies allow introduction of new evidence or arguments that were not part of the original trial record. Post-conviction relief can be pursued even after a direct appeal is completed or if the appeal deadline has passed. Both direct appeals and post-conviction remedies serve important roles in challenging convictions and obtaining justice.
How long does the appellate process typically take?
The appellate process typically takes one to two years from filing the notice of appeal through issuance of the appellate court’s decision. This timeline includes preparation of the appellate record, briefing schedules allowing each side to submit written arguments, time for appellate judge review, and scheduling of oral arguments if requested. Some cases proceed more quickly, while others take longer depending on court schedules and case complexity. If you appeal to a higher court or pursue post-conviction relief, the timeline may extend further. Federal habeas corpus petitions or appeals to the Washington Supreme Court can add substantial time to the overall process. However, the appellate process moves more slowly than trial proceedings because appellate courts carefully review extensive written briefing and legal arguments. Your appellate attorney can provide a more specific timeline estimate based on your case’s particular circumstances and which appellate remedies apply.
Can I introduce new evidence during an appeal?
Direct appeals are generally limited to the trial record and do not allow introduction of new evidence. Appellate courts review only the evidence presented at trial to determine whether it was sufficient to support the guilty verdict. However, if new evidence existed at the time of trial but was not discovered until after conviction, you may pursue post-conviction relief based on newly discovered evidence. To succeed with a newly discovered evidence petition, you must demonstrate that the evidence was not available through reasonable diligence at the time of trial, the evidence is material to the question of guilt or innocence, and it is probable that the newly discovered evidence would have resulted in acquittal. This type of post-conviction relief allows introduction of evidence such as DNA results, witness recantations, police misconduct, or exculpatory information not previously discovered. Post-conviction relief mechanisms thus provide pathways to challenging convictions based on evidence unavailable during the original trial.
What are the chances of success in a criminal appeal?
Success rates in criminal appeals vary depending on the strength of the appellate issues, the quality of legal advocacy, and the nature of the underlying conviction. Appellate courts reverse only a small percentage of criminal convictions, as trial courts are given substantial deference in their decisions. However, when constitutional violations or significant trial errors are present, success rates increase considerably. Issues involving deprivation of constitutional rights or fundamental procedural errors have higher reversal rates than claims based solely on evidentiary weight. Post-conviction relief petitions, particularly those based on newly discovered evidence or ineffective assistance of counsel, have varying success rates depending on the strength of the claims. Having an experienced appellate attorney who can thoroughly review your case, identify viable legal issues, and present persuasive written and oral arguments significantly enhances your chances of appellate success. While no attorney can guarantee a particular outcome, skilled appellate representation maximizes the likelihood of favorable review.
Do I have the right to appointed counsel for my appeal?
If you cannot afford to hire a private appellate attorney, you have the right to appointed counsel for your direct appeal if the trial court found you indigent. The appellate public defender’s office or a court-appointed private attorney can represent you at no cost. However, for post-conviction relief petitions, collateral appeals, or federal habeas corpus proceedings, appointed counsel may not be automatically available, though you may request it and courts may appoint counsel in some circumstances. While appointed counsel can provide competent representation, private appellate attorneys often have more specialized knowledge of appellate practice and greater availability to devote to individual cases. If you are facing post-conviction issues or believe additional appellate remedies should be pursued, consulting with a private appellate attorney is advisable, even if you have appointed counsel representing you on direct appeal.
What happens if my appeal is unsuccessful?
If your direct appeal is unsuccessful and the appellate court affirms your conviction, several additional remedies may remain available. You can petition for review to the Washington Supreme Court if your case raises significant legal questions. You may also pursue post-conviction relief based on newly discovered evidence, ineffective assistance of counsel, or other grounds not fully developed during the direct appeal. Federal habeas corpus petitions filed in federal district court provide another layer of appellate review for federal constitutional violations. The availability of post-conviction remedies depends on your specific case circumstances and whether new evidence or arguments have emerged since the direct appeal. An appellate attorney can analyze your case after an unsuccessful direct appeal to identify whether additional remedies exist and whether pursuing them would be worthwhile. Even unsuccessful direct appeals sometimes reveal new issues or evidence that support post-conviction relief petitions.
Can I appeal my sentence without appealing my conviction?
Yes, you can appeal your sentence without challenging your conviction. Sentencing appeals focus on whether the trial court properly imposed the sentence under applicable law, whether sentence enhancements were constitutionally applied, or whether the sentence was excessive under federal or state constitutions. Sentencing appeals may be particularly appropriate when the conviction itself appears sound but the sentence imposed seems disproportionate or improper. Sentencing appeals can address issues such as improper victim impact evidence, incorrect application of sentencing guidelines, constitutional violations in sentence enhancement procedures, or trial court failure to consider mitigating factors. If you accept your conviction but believe your sentence was unfairly imposed, a focused sentencing appeal may provide relief without requiring full conviction-level appellate review. Your appellate attorney can assess whether sentencing issues in your case warrant appellate challenge.
What is an ineffective assistance of counsel claim?
An ineffective assistance of counsel claim challenges the quality of legal representation you received from your trial attorney. Under the Sixth Amendment, you have the right to reasonably competent legal assistance, and if your attorney’s performance fell below professional standards and prejudiced your defense, you may pursue post-conviction relief on this basis. Examples include failure to investigate viable defenses, inadequate cross-examination of witnesses, failure to file important motions, or missing deadlines. To succeed on an ineffective assistance claim, you must demonstrate both that your attorney’s performance was deficient and that this deficiency resulted in prejudice to your defense, likely affecting the trial outcome. Ineffective assistance claims can be raised in post-conviction petitions even after a direct appeal is completed or unsuccessful. These claims provide important mechanisms to remedy situations where trial counsel’s inadequate performance violated your constitutional right to effective assistance, and successful claims may result in retrial, dismissal, or other relief.