Post-Conviction Appeals Support
Appeals Lawyer in Redmond, Washington
Criminal Appeals and Post-Conviction Relief
Appeals represent a critical opportunity to challenge criminal convictions when legal errors may have occurred during trial. At Law Offices of Greene and Lloyd, we provide comprehensive appellate representation to individuals in Redmond and throughout Washington who believe their convictions warrant review. Our attorneys understand the complexities of the appellate process and work diligently to preserve your rights while navigating the strict procedural requirements that govern appeals. Whether you’re seeking to overturn a conviction or reduce your sentence, we bring thorough case analysis and skilled advocacy to every appeal we handle.
Why Appeals Are Vital to Your Case
An appeal provides your last formal opportunity to challenge your conviction based on legal errors that may have affected the trial outcome. Many convictions contain reversible errors—improper jury instructions, admission of prejudicial evidence, ineffective assistance of counsel, or constitutional violations—that appellate courts will review. Pursuing an appeal demonstrates commitment to protecting your rights and can result in case dismissal, acquittal on retrial, sentence reduction, or other favorable relief. Without appellate representation, potential legal errors go unchallenged and your conviction becomes final, making appeals an essential safeguard for anyone convicted in criminal court.
Law Offices of Greene and Lloyd's Appellate Experience
Understanding the Criminal Appeals Process
Criminal appeals in Washington proceed through established appellate courts—typically the Court of Appeals, and potentially the Supreme Court for matters involving significant legal questions. The appellate process centers on the trial court record, including transcripts, exhibits, and legal filings, rather than new testimony or evidence. Appellate attorneys must identify and develop legal issues, file detailed briefs explaining why errors warrant reversal, and potentially present oral arguments before judges. The process requires strict adherence to filing deadlines, formatting rules, and procedural requirements that vary depending on whether you’re appealing a conviction or a sentence.
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Key Terms in Criminal Appeals
Reversible Error
A legal mistake made during trial that is significant enough to warrant overturning or modifying the conviction. Reversible errors include improper jury instructions, admission of prejudicial evidence, constitutional violations, and trial court procedural errors that likely affected the outcome or fairness of the proceedings.
Ineffective Assistance of Counsel
A claim that trial counsel’s performance was inadequate or deficient, falling below acceptable standards and prejudicing the defendant’s case. This requires showing both that counsel’s conduct was unreasonable and that there is a reasonable probability the outcome would have been different with competent representation.
Appellate Brief
A detailed written document submitted to the appellate court presenting legal arguments, citations to the trial record, case law analysis, and reasons why the conviction or sentence should be reversed or modified. The brief is the primary vehicle for presenting your appeal to appellate judges.
Preservation of Error
The requirement that trial counsel object to errors at the time they occur during trial to preserve those issues for appellate review. Without proper preservation, appellate courts typically cannot review trial court errors, making contemporaneous objections essential for successful appeals.
PRO TIPS
Act Quickly on Appellate Deadlines
Criminal appeals are governed by strict filing deadlines that vary depending on the type of sentence and conviction involved. Missing an appellate deadline can permanently forfeit your right to appeal, making immediate action essential once you have been convicted. Contact an appellate attorney promptly to ensure your appeal is filed within required timeframes and your rights are fully protected.
Preserve Trial Court Errors During Trial
For issues to be reviewable on appeal, trial counsel must typically object to errors when they occur during trial. If objections are not made contemporaneously, appellate courts may refuse to consider those issues, severely limiting your appellate options. Working with trial counsel who understand appellate procedure helps ensure preservation of potential appellate arguments.
Consult Your Appellate Attorney Early
Discussing your case with an appellate attorney before sentencing or immediately after conviction allows for comprehensive case analysis and identification of viable appellate issues. Early consultation ensures nothing is overlooked and all strategic decisions are made with appellate implications in mind. Waiting until after sentencing limits options and may result in forfeiture of important appellate rights.
Comparing Your Appellate Options
When Full Appellate Representation Becomes Necessary:
Trial Errors Affecting Your Conviction
If significant legal errors occurred during your trial—such as improper evidentiary rulings, jury instruction defects, or constitutional violations—comprehensive appellate representation becomes essential to challenge those errors effectively. Trial mistakes that affected the fairness or outcome of your case warrant immediate appellate attention through detailed brief writing and appellate advocacy. Without skilled appellate representation, these errors remain unchallenged and your conviction becomes final.
Ineffective Assistance of Trial Counsel
When your trial attorney failed to provide adequate representation—missing strategic opportunities, failing to raise defenses, or making poor tactical decisions—an ineffective assistance claim through appellate review may overturn your conviction. These claims require careful analysis of trial counsel’s performance against established standards and proof of prejudice from that deficiency. Appellate counsel with experience pursuing ineffective assistance claims can thoroughly document and present these arguments to appellate courts.
When Focused Appellate Services May Address Your Needs:
Sentence Review Without Conviction Challenge
If your conviction is not being challenged but you believe your sentence was disproportionate, imposed in violation of legal standards, or based on improper considerations, a focused sentence appeal may be sufficient. Sentence review cases concentrate on sentencing law and the trial court’s sentencing reasoning rather than examining the full trial record. This more limited approach can still result in meaningful sentence reductions when persuasive sentencing arguments are presented.
Administrative or Procedural Corrections
Some cases involve primarily administrative corrections needed in the trial court record or technical procedural issues that can be addressed through motion practice rather than full appellate briefing. When the core issues involve clerical corrections or straightforward procedural matters, focused representation addressing those specific concerns may resolve your case effectively. Identifying which issues require full appellate briefing versus targeted motion practice depends on careful case analysis.
Situations Where Appeals Are Commonly Pursued
Why Choose Law Offices of Greene and Lloyd for Your Appeal
Law Offices of Greene and Lloyd provides dedicated appellate representation to individuals throughout Redmond and Washington State who have been convicted and seek to overturn or modify their convictions and sentences. Our attorneys combine thorough legal research, compelling written advocacy, and courtroom experience to present your appeal with maximum impact before appellate judges. We understand the appellate court’s perspective and how to frame arguments in ways that resonate with judges reviewing your case, giving you the strongest possible opportunity for successful appellate relief.
When facing appellate proceedings, your choice of representation significantly affects your outcome. Our team brings focused attention to your case, meticulous case analysis, and commitment to identifying and developing every viable appellate argument. We handle all aspects of the appeals process—from case analysis and issue development to appellate brief writing and oral argument—with the goal of achieving the best possible result for you. Contact us today to discuss your appeal and learn how we can advocate for your appellate rights.
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FAQS
What is the deadline for filing a criminal appeal in Washington?
In Washington, the deadline for filing a notice of appeal is typically thirty days from the entry of judgment and sentencing. This deadline is strictly enforced, and missing it can permanently forfeit your right to appeal unless extraordinary circumstances exist. Some cases involve longer periods in limited circumstances, but generally the thirty-day window is controlling. If you have been convicted and sentenced, contact an appellate attorney immediately to ensure your appeal is filed within this critical timeframe. The consequences of missing the appellate deadline are severe—you lose the ability to challenge your conviction in the appellate courts. There are rare exceptions for late appeals based on ineffective assistance of counsel or other extraordinary circumstances, but these require immediate attention and skilled legal advocacy. Protecting your appellate rights requires prompt action, making early consultation with an appellate attorney essential when you receive a conviction.
Can I appeal a guilty plea conviction?
Appealing a guilty plea is more difficult than appealing a trial conviction but remains possible when specific circumstances exist. You can appeal a guilty plea conviction if the trial court failed to comply with required procedures for taking a guilty plea, such as failing to ensure your plea was knowing and voluntary or failing to inform you of the consequences of your plea. Additionally, if your trial attorney provided inadequate assistance during the plea process—failing to investigate viable defenses, misrepresenting sentencing consequences, or coercing your plea—an ineffective assistance claim may support an appeal. These appeals are narrower in scope than trial conviction appeals since appellate courts give considerable deference to guilty pleas. However, when trial counsel failed to protect your rights or significant procedural defects occurred in the plea process, appellate review remains available. Consulting with an appellate attorney about your plea conviction allows thorough evaluation of whether viable appellate arguments exist and whether reversal is possible.
What is an ineffective assistance of counsel claim?
An ineffective assistance of counsel claim asserts that your trial attorney failed to provide constitutionally adequate representation, resulting in prejudice to your case. To succeed, you must demonstrate both that counsel’s performance fell below accepted standards of representation and that this deficiency prejudiced your case—meaning a reasonable probability exists that with competent counsel, the outcome would have been different. This standard applies to trial counsel’s performance throughout the trial process, including investigation, strategy decisions, evidence presentation, and jury instructions. Ineffective assistance claims can involve numerous scenarios: failing to investigate defenses, not raising constitutional objections, poor cross-examination, inadequate opening or closing statements, or failing to present available evidence. These claims are evaluated under the Strickland test, which requires careful analysis of what counsel should have done and how that deficiency affected your case. Appellate attorneys with experience pursuing these claims understand how to thoroughly document and present ineffective assistance arguments to appellate courts.
What errors can be raised on appeal?
Appellate courts review specific categories of errors that may have affected your trial’s fairness or outcome. Common appellable errors include improper jury instructions, admission of prejudicial or inadmissible evidence, trial court evidentiary rulings that were legally incorrect, prosecutorial misconduct, constitutional violations, and sentencing errors. These errors must have been preserved through contemporaneous objection during trial—without proper objection, appellate courts typically cannot review them. Error preservation is critical; trial counsel must object when errors occur to make them reviewable on appeal. Even significant errors that were not properly preserved may be forfeited unless extraordinary circumstances apply. However, structural errors affecting fundamental fairness or constitutional violations may sometimes be reviewed despite preservation failures. Your appellate attorney will analyze your trial record to identify preserved errors, potential appellable issues, and develop arguments for why reversal or modification is warranted.
How long does the appellate process take?
The criminal appellate process in Washington typically takes twelve to eighteen months from notice of appeal to appellate decision, though cases involving complex legal issues or multiple briefs may take longer. The timeline includes periods for trial record preparation, appellate brief writing, the opposing party’s response brief, possible reply brief, and eventual oral argument and decision. Expedited appellate procedures exist in limited circumstances, such as when a defendant remains incarcerated pending appeal, which may accelerate the timeline. Understanding that appeals require patience is important—appellate courts move deliberately to ensure thorough consideration of legal arguments. During the appellate process, your case remains under appeal, and you may remain incarcerated or subject to conditions pending the appellate decision. Your appellate attorney can explain the likely timeline in your specific case and keep you informed as the appeal progresses through various stages.
What is the difference between direct appeal and post-conviction relief?
Direct appeal occurs immediately after trial conviction and challenges the trial court record for legal errors. You have the right to a direct appeal as of right, meaning the appellate court must accept your case and review it on the merits. Direct appeals focus on the trial transcript, court filings, and exhibits to identify reversible errors. Post-conviction relief, conversely, involves proceedings after direct appeal has concluded and typically addresses issues not raised on direct appeal, such as newly discovered evidence or ineffective assistance claims not previously pursued. Many appellants pursue direct appeal first, then pursue post-conviction relief procedures if the direct appeal does not result in reversal. Post-conviction relief includes habeas corpus petitions and post-conviction motions under Washington law, which allow different arguments and may be pursued years after conviction. Understanding the differences between these procedures helps determine the best appellate strategy for your case.
Can I appeal my sentence without appealing my conviction?
Yes, you can appeal your sentence without appealing the conviction itself in Washington. Sentence appeals focus solely on whether the trial court imposed a lawful sentence, whether the sentence was excessive or disproportionate, or whether sentencing guidelines were improperly applied. You do not need to challenge the underlying conviction to pursue a sentence appeal; instead, you accept the conviction but argue the sentence itself is inappropriate. Sentencing appeals are governed by Washington’s sentencing reform act and appellate standards addressing what constitutes an excessive sentence. Sentence-only appeals may be appropriate when the conviction itself is solid but the sentence appears disproportionate or imposed in violation of legal standards. Examples include sentences exceeding sentencing guidelines without adequate justification, sentences based on improper factors, or sentences that fail to consider relevant mitigating circumstances. Your appellate attorney can evaluate whether a sentence appeal offers the best strategy for your case or whether conviction-focused arguments are more promising.
What happens during appellate oral argument?
Appellate oral argument is a hearing before a panel of appellate judges during which attorneys present arguments about why the conviction or sentence should be reversed or affirmed. The appellant’s attorney typically speaks first, presenting the reasons why legal errors warrant reversal, followed by the prosecution’s arguments defending the conviction, and ending with the appellant’s brief rebuttal. Judges interrupt with questions throughout, testing the attorney’s knowledge of the case, law, and appeal arguments. Oral argument is not always granted—many appellate cases are decided solely on the written briefs without oral argument. When oral argument is granted, thorough preparation is essential. Your appellate attorney must know the record thoroughly, anticipate judicial questions, and communicate your appellate arguments persuasively and concisely. Strong oral advocacy can significantly influence appellate judges’ decisions, making quality representation at the oral argument stage critically important to your appeal’s success.
Is new evidence allowed in an appeal?
Generally, new evidence is not allowed in direct appeals, which are limited to reviewing the trial record as it existed at trial. Appellate courts cannot consider evidence that was not presented to the trial court, as their role is to review whether trial errors occurred, not to retry the case. This restriction ensures finality and prevents endless appellate proceedings based on newly discovered information. However, limited exceptions exist when constitutional violations or specific procedural defects are involved. If you have newly discovered evidence after trial, post-conviction relief procedures (such as habeas corpus petitions or post-conviction motions under RCW 10.73.100) provide mechanisms for presenting that evidence. These procedures are distinct from direct appeal and allow arguments based on new evidence if you can show the evidence was not available at trial, is material to guilt or innocence, and would likely change the result. Your appellate attorney can advise whether direct appeal or post-conviction procedures better address your specific situation.
What are my chances of winning an appeal?
The likelihood of winning an appeal depends on numerous factors including the strength of viable appellate issues, whether trial errors are preserved in the record, the procedural posture of your case, and how appellate courts have previously ruled on similar issues. Not all convictions are successfully appealed—appellate courts affirm many convictions because the trial record does not reveal reversible errors or trial counsel preserved errors improperly. However, when strong appellable issues exist, such as clear trial error, ineffective assistance, or constitutional violations, meaningful reversal or modification opportunities arise. Your appellate attorney’s assessment of your specific case provides the most realistic picture of your appeal’s viability. A thorough case analysis reveals what arguments are strongest, what challenges exist, and what outcomes are realistic. While appellate success cannot be guaranteed, skilled representation significantly improves your chances by identifying all viable arguments and presenting them persuasively to appellate judges. Contact our office for a confidential evaluation of your appeal’s prospects.