Skilled Appeals Representation
Appeals Lawyer in Bethel, Washington
Criminal Appeals Legal Services
If you have been convicted of a crime and believe there were errors in your trial or sentencing, an appeals lawyer can help you challenge that conviction. Appeals are a critical part of the criminal justice system, allowing defendants to seek review of their case based on legal mistakes, evidentiary issues, or procedural violations. The Law Offices of Greene and Lloyd represent clients throughout Washington who wish to pursue post-conviction relief and protect their rights at every stage of the appellate process.
Why Criminal Appeals Matter
Appeals provide a crucial opportunity to review trial decisions and correct legal errors that may have affected your conviction or sentence. Even if you were represented at trial, appellate representation brings fresh analysis and focuses specifically on preserving and developing legal arguments for review. Appeals can result in case dismissal, sentence reduction, or a new trial. Having an attorney who understands appellate procedure and standards of review dramatically improves your chances of obtaining meaningful relief and protecting your constitutional rights.
Our Appellate Team
Understanding the Criminal Appeals Process
A criminal appeal is a request for a higher court to review your conviction or sentence based on alleged errors of law or procedure. Direct appeals typically must be filed within specific timeframes after conviction, requiring detailed review of trial transcripts and identification of reversible errors. The appellate court does not retry your case but examines whether your legal rights were protected and whether proper procedures were followed during your original trial and sentencing.
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Appellate Law Glossary
Direct Appeal
A formal request to an appellate court to review a criminal conviction or sentence, typically filed by the defendant’s attorney within strict timeframes after judgment. The appellate court examines trial records to identify legal errors that may have affected the case outcome.
Standard of Review
The legal standard used by appellate courts when examining alleged trial errors. Standards vary depending on the issue being reviewed—some matters receive strict scrutiny while others receive more deferential review, affecting the likelihood of successful appeal.
Reversible Error
A mistake made during trial that was significant enough to potentially affect the case outcome and justify reversal or modification of the conviction or sentence. Not all trial errors are reversible; some are considered harmless.
Post-Conviction Relief
Legal remedies sought after a direct appeal is no longer available, including motions for new trial, untimely appeals, or claims based on newly discovered evidence or constitutional violations not previously raised.
PRO TIPS
Preserve Your Appeal Rights Early
Many appellate issues must be raised at trial to preserve them for appeal. If trial counsel failed to object to certain evidence or procedures, those issues may be waived. Act quickly after conviction to consult with an appeals attorney who can review whether your rights were properly protected and what remedies remain available under Washington law.
Request Adequate Trial Transcripts
Appeals are built on trial records. Ensuring you have complete and accurate transcripts of all proceedings is essential for identifying legal errors. Our firm requests necessary court records promptly and reviews them thoroughly to find all potential grounds for appeal.
Understand Appeal Deadlines
Washington imposes strict deadlines for filing appeals. Missing a deadline can result in loss of appellate rights. Contact our office immediately after conviction to ensure your appeal is filed timely and your legal options are preserved.
Appeals vs. Trial Strategy
When Full Appellate Representation is Important:
Significant Trial Errors Occurred
If substantial errors occurred during your trial—such as admission of prejudicial evidence, ineffective assistance of counsel, or judicial misconduct—comprehensive appellate representation is essential. Your appellate attorney will thoroughly document these errors and present compelling arguments for reversal or new trial.
Constitutional Rights Were Violated
When your constitutional rights are implicated—such as right to counsel, due process, or fair trial—appellate representation becomes crucial. Our attorneys understand constitutional law and know how to develop these claims effectively for appellate review.
When Self-Help Appeals May Be Limited:
Straightforward Procedural Issues
Some appellate cases involve clear procedural violations that are relatively straightforward to identify and argue. However, even routine appeals benefit from professional preparation to maximize persuasiveness and avoid procedural mistakes.
Sentencing-Only Appeals
Appeals challenging only the sentence—not the conviction—may be narrower in scope but still require careful analysis of sentencing guidelines and case law. Our attorneys ensure all sentencing issues are fully developed for appellate review.
Common Situations Requiring Appeals Counsel
Why Choose Greene and Lloyd for Your Appeal
The Law Offices of Greene and Lloyd brings decades of combined criminal law experience to every appeal we handle. Our attorneys understand Washington’s appellate process, standards of review, and the arguments that persuade appellate judges. We invest time in thorough case analysis, detailed brief preparation, and strategic oral argument. Our clients receive individualized attention and candid assessment of their appellate prospects.
We view appellate work as more than procedural compliance—it’s an opportunity to present your case in its strongest legal light. Whether pursuing direct appeal, post-conviction relief, or sentence modification, we combine thorough legal research with persuasive writing to advocate effectively on your behalf. Contact us today for a confidential consultation about your appeal.
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FAQS
How long do I have to file a criminal appeal in Washington?
In Washington, a direct appeal must generally be filed within thirty days after the trial court imposes judgment or sentencing. This deadline is strict, and missing it can result in loss of your appellate rights unless you can establish good cause for the delay. If you believe you have grounds for appeal, contact an attorney immediately to ensure timely filing. Special circumstances may extend filing deadlines or allow late appeals in certain situations. For example, if your trial attorney provided ineffective assistance, you may have additional time to pursue post-conviction remedies. Our attorneys understand these nuanced deadline rules and work quickly to preserve all appellate options.
What can an appellate court do for my case?
An appellate court can reverse your conviction entirely, order a new trial, modify your sentence, or send your case back to trial court for further proceedings. The specific relief available depends on the errors raised and whether those errors meet the legal standards for reversal. Some appeals result in complete exoneration, while others may secure sentence reduction or procedural corrections. Appellate courts do not retry cases or reconsider evidence; instead, they focus on whether legal procedures were followed and whether your constitutional rights were protected. This limited scope is why thorough legal analysis and skillful briefing are essential to identifying and presenting the strongest possible arguments.
Can I appeal if I missed the filing deadline?
Yes, there are post-conviction remedies available even if you missed the direct appeal deadline. Washington law provides mechanisms such as untimely appeal motions, motions for new trial based on newly discovered evidence, or claims of constitutional violation under state and federal law. These remedies require different pleadings and have different standards of review than direct appeals. However, late appellate relief is more challenging to obtain and requires demonstration of good cause or newly discovered facts. Contacting an appellate attorney as soon as possible—even after the direct appeal deadline—is essential to determine what options remain and to avoid additional procedural barriers.
What is ineffective assistance of counsel?
Ineffective assistance of counsel occurs when your trial attorney’s performance fell below the level expected of a reasonable professional, and that inadequate performance resulted in prejudice to your case. This might include failure to present evidence, failure to cross-examine witnesses, failure to raise legal objections, or failure to investigate potential defenses. Ineffective assistance claims require demonstrating both deficient performance and actual prejudice. These claims are complex and require careful analysis of trial strategy, applicable law, and case-specific facts. If you believe your attorney provided inadequate representation, we can evaluate your case and determine whether an ineffective assistance claim is viable and likely to succeed on appeal.
How much does a criminal appeal cost?
Appeal costs vary based on case complexity, the number of trial issues requiring analysis, and the extent of briefing required. Our office provides detailed fee estimates during the initial consultation so you understand the investment required. We offer flexible fee arrangements and can discuss payment plans to make appellate representation accessible. While appellate work requires substantial time and legal skill, the potential outcomes—reversal of conviction, sentence reduction, or new trial—often justify the investment. We provide transparent cost information upfront and keep clients informed about fees throughout the appellate process.
Will my appeal automatically stay my sentence?
Filing an appeal does not automatically stay your sentence. You would need to request a stay pending appeal from the trial court judge. The judge will consider whether you are likely to succeed on appeal, whether staying your sentence causes irreparable harm, and other factors. If a stay is denied, you may ask the appellate court to grant it. For serious convictions or sentences that will significantly impact your life, requesting a stay is often an important part of appellate strategy. We evaluate whether a stay is appropriate for your case and present compelling arguments to the trial and appellate courts.
What grounds justify reversing a conviction?
Common grounds for reversing a conviction include trial error (such as admission of prejudicial evidence), ineffective assistance of counsel, insufficient evidence of guilt, violations of constitutional rights, and prosecutorial misconduct. Not all trial errors warrant reversal; courts must determine whether the error was harmless or whether it affected the trial outcome. The specific grounds available depend on your case facts and trial record. Identifying viable appellate grounds requires detailed review of trial transcripts, evidence, and applicable law. Our attorneys conduct thorough analysis to find all potential reversible errors and develop the strongest legal arguments on your behalf.
How long does the appellate process take?
The appellate process typically takes six months to two years, depending on court schedules, briefing complexity, and whether oral argument is requested. Your case moves through stages including preparation of appellate record, briefing (where each side submits written arguments), and potentially oral argument before appellate judges. The appellate court then takes time to issue its decision. While the timeline can be lengthy, the appellate process offers important opportunities to thoroughly develop legal arguments and appeal to judges who focus specifically on law and procedure. We keep clients informed throughout the process and manage all deadlines.
Do I have to attend oral argument on my appeal?
Oral argument is not automatic; appellate courts decide whether to schedule it based on the complexity and importance of the case. When oral argument is scheduled, your attorney presents arguments directly to the appellate judges and answers their questions. This allows dynamic discussion of legal issues and gives judges the opportunity to probe specific arguments. Oral argument can significantly impact appellate outcome when handled effectively. Your presence is typically not required—your attorney argues on your behalf. We prepare thoroughly for oral argument and ensure your case receives the best possible presentation to the appellate court.
What happens if my appeal is denied?
If your appeal is denied, additional post-conviction remedies may remain available, such as filing a motion to reconsider, pursuing federal habeas corpus relief, or seeking other forms of post-conviction relief. The availability of further remedies depends on the specific grounds raised and why the appeal was denied. Some denials are final, while others leave room for additional legal action. Even if a particular appeal is unsuccessful, other avenues may exist to challenge your conviction or sentence. We evaluate the appellate decision carefully and advise you regarding any remaining legal options to continue pursuing relief.