Post-Conviction Relief Options
Appeals Lawyer in Everett, Washington
Criminal Appeals and Post-Conviction Relief Guide
If you’ve been convicted of a crime in Washington, an appeal can provide a critical opportunity to challenge the conviction or sentence. Appeals and post-conviction relief processes allow defendants to address legal errors that may have occurred during trial, sentencing, or prior appeals. Law Offices of Greene and Lloyd represents clients throughout Everett and Snohomish County who are pursuing appellate remedies. Our team carefully reviews trial records, identifies potential grounds for appeal, and develops compelling arguments to present to appellate courts. Whether your case involves questions of law, constitutional violations, or ineffective assistance of counsel claims, we work diligently to pursue the best possible outcome for your appeal.
Why Appeals and Post-Conviction Relief Are Important
Appeals provide a formal mechanism to challenge convictions and sentences when legal errors have occurred. Post-conviction relief remedies allow defendants to address issues that were not raised at trial or on direct appeal, including claims of ineffective assistance of counsel or newly discovered evidence. These processes are vital for ensuring justice and protecting constitutional rights. Many convictions contain reversible errors that appellate courts can address. Having an attorney who thoroughly understands appellate law and procedure significantly increases the likelihood of achieving meaningful relief. Whether through reversal of conviction, remand for resentencing, or other remedies, appeals and post-conviction relief can transform the outcome of a criminal case.
Our Appellate Practice and Trial Experience
Understanding Criminal Appeals and Post-Conviction Relief
Criminal appeals in Washington are governed by strict procedural rules and deadlines. A direct appeal challenges the conviction or sentence based on the trial record, focusing on legal errors that affected the outcome. Post-conviction relief proceedings address issues not raised on direct appeal, such as ineffective assistance of counsel claims under Strickland v. Washington standards. Other post-conviction remedies include motions for reconsideration based on newly discovered evidence or changed law. Washington also has specific procedures for habeas corpus petitions and other collateral attacks on convictions. Understanding which remedy applies to your situation and meeting all procedural requirements is essential for success.
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Key Terms in Appeals and Post-Conviction Relief
Direct Appeal
A direct appeal is the first appeal after conviction, filed within strict time limits, challenging legal errors in the trial record that allegedly affected the conviction or sentence outcome.
Ineffective Assistance of Counsel
A claim that defense counsel’s performance fell below standards of reasonableness and prejudiced the outcome, raising questions about constitutional rights and the fairness of proceedings.
Post-Conviction Relief
Legal remedies available after direct appeal, including motions addressing ineffective assistance claims, newly discovered evidence, or claims that were not raised on direct appeal.
Standard of Review
The level of scrutiny appellate courts apply when examining trial court decisions, ranging from de novo review for legal questions to abuse of discretion for certain sentencing determinations.
PRO TIPS
Act Quickly on Appeal Deadlines
Direct appeals must be filed within strict time limits, typically thirty days from sentencing in Washington criminal cases. Missing these deadlines can result in permanent waiver of appeal rights and loss of the opportunity to challenge your conviction. Contact an appellate attorney immediately after conviction or sentencing to ensure all deadlines are met and your rights are preserved.
Preserve the Trial Record
The appellate record is limited to what occurred at trial, so preserving issues for appeal requires proper objections and requests for findings during trial proceedings. Trial attorneys must make the record clear regarding any legal errors or constitutional violations that occurred. Post-conviction attorneys can only challenge what is documented in the trial record, making preservation essential.
Explore All Available Remedies
Multiple appellate remedies may be available in your situation, including direct appeals, post-conviction motions, and habeas corpus petitions. Each remedy has different requirements, deadlines, and strategic considerations. An experienced appellate attorney can evaluate your case and determine which remedies offer the best opportunity for meaningful relief.
Comparing Appellate Options and Strategies
Why Comprehensive Appellate Representation Matters:
Complex Legal or Constitutional Issues
Cases involving constitutional violations, complex evidentiary issues, or novel legal questions benefit significantly from comprehensive appellate representation. Appellate courts are more likely to grant relief when presented with well-researched legal arguments and thorough case analysis. Comprehensive representation ensures all viable appellate issues are identified and developed persuasively.
Multiple Appellate Remedies Available
When multiple appellate remedies may apply to your situation, coordination of strategy across different proceedings becomes critical. Comprehensive representation involves evaluating which remedies to pursue, in what order, and how to avoid waiving claims. Strategic use of all available remedies significantly increases the likelihood of obtaining relief.
When a Focused Appellate Strategy May Suffice:
Clear Legal Error on Trial Record
If the trial record contains clear legal error that likely affected the outcome, a focused direct appeal addressing that specific issue may be sufficient. Some cases present compelling appellate issues that do not require extensive investigation or multiple post-conviction proceedings. A streamlined appellate strategy can be both efficient and effective in such situations.
Sentencing Appeals with Obvious Error
Sentencing appeals challenging clear departures from sentencing guidelines or legal errors in sentencing calculations may succeed with focused appellate advocacy. When sentencing errors are straightforward and well-documented, a direct appeal addressing only those issues can be effective. Limited appeals reduce costs while still pursuing meaningful relief from excessive sentences.
Common Situations Requiring Appeals and Post-Conviction Relief
Why Choose Law Offices of Greene and Lloyd for Your Appeal
Law Offices of Greene and Lloyd brings years of criminal law experience to every appellate case. Our attorneys understand the intricacies of appellate procedure and possess the writing and argumentation skills essential for success before appellate courts. We approach each appeal strategically, identifying the most promising issues and developing persuasive legal arguments. Our team maintains current knowledge of Washington and federal appellate case law. We are committed to thorough case investigation and analysis, ensuring no viable appellate issues are overlooked. Clients appreciate our accessibility and clear communication throughout the appellate process.
Choosing the right appellate attorney can significantly impact the outcome of your case. We have successfully handled appeals resulting in reversals, remands for resentencing, and other meaningful relief for our clients. Our practice includes both direct appeals and post-conviction relief matters across a broad range of criminal offenses. We understand the devastating impact of conviction and are dedicated to exploring every avenue for relief. Our firm serves clients throughout Snohomish County and greater Washington with experienced, ethical, and aggressive appellate advocacy. Contact us today for a confidential consultation to discuss your appellate options.
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FAQS
How long do I have to file an appeal in Washington?
In Washington criminal cases, you must file a notice of appeal within thirty days of sentencing. This deadline is strict and missing it can result in permanent waiver of your appellate rights unless you can show good cause for the delay. It is critical to contact an appellate attorney immediately after conviction or sentencing to ensure this deadline is met. If you are represented by a public defender or court-appointed attorney, they have an obligation to file notice of appeal if you request it. However, you should not rely solely on your trial attorney for this; it is advisable to request appellate counsel be appointed as soon as possible after sentencing. Missing the appeal deadline is a common reason appellate rights are lost, so prompt action is essential.
What is ineffective assistance of counsel and how do I prove it?
Ineffective assistance of counsel is a claim that your trial attorney’s performance fell below standards of reasonableness expected of criminal defense attorneys. This can include failure to investigate, failure to present available defenses, failure to object to improper evidence, or other breaches of professional duty. To succeed on this claim, you must show both that counsel’s performance was deficient and that this deficiency prejudiced your defense. The two-prong Strickland test requires demonstrating that your attorney made errors serious enough that you cannot trust the verdict or sentence. Common ineffective assistance claims include failure to interview witnesses, failure to obtain expert opinions, inadequate mitigation investigation at sentencing, and failure to preserve issues for appeal. Proving this claim requires comparison of your attorney’s actions to what a reasonably competent attorney would have done in similar circumstances.
Can I appeal my sentence even if my conviction was proper?
Yes, you can file a sentencing appeal separately from appeals of conviction. Sentencing appeals challenge the length or conditions of your sentence rather than the conviction itself. Common sentencing appeal issues include sentences exceeding legal limits, failure to follow sentencing guidelines, consideration of improper factors, or failure to consider mitigating circumstances. Washington appellate courts review sentencing decisions for abuse of discretion, a more deferential standard than de novo review of convictions. However, sentences that depart from guidelines or exceed statutory limits receive closer scrutiny. If you believe your sentence was excessive or imposed in violation of law, consulting with an appellate attorney is advisable to determine whether grounds for sentencing relief exist.
What is the difference between direct appeal and post-conviction relief?
A direct appeal is your first appeal after conviction, filed within thirty days of sentencing, and challenges legal errors in the trial record. Direct appeals are limited to issues that appear in the trial record and must be filed promptly. Post-conviction relief, by contrast, allows you to raise claims that were not raised on direct appeal, including ineffective assistance claims, newly discovered evidence, and other issues not evident from the trial record alone. Post-conviction relief proceedings can continue years after direct appeal is concluded, making them valuable for raising new claims or evidence. Strategic coordination between direct appeal and post-conviction relief is important, as some claims must be raised on direct appeal while others are better suited to post-conviction proceedings. An experienced appellate attorney will advise which remedies to pursue and in what order to preserve all available rights.
What types of legal errors can support an appeal?
Numerous legal errors can support an appeal, including improper jury instructions, evidentiary errors such as admission of improper character evidence, prosecutorial misconduct, violation of discovery obligations, and constitutional violations. Jury instruction errors are among the most common appellable issues, as incorrect instructions can mislead jurors about essential elements or legal standards. Evidentiary errors, including improper admission or exclusion of evidence, frequently form the basis for appellate relief. Constitutional violations such as Brady violations (withholding exculpatory evidence) or Confrontation Clause violations often merit reversal. Other appellable errors include judicial bias, failure to ensure voluntary guilty pleas, and violation of other fundamental rights. The specific standard of review varies depending on the error type; constitutional violations typically receive de novo review, while other errors may receive more deferential review. An appellate attorney will thoroughly analyze the trial record to identify all colorable appellate issues.
How long does the appellate process typically take?
The appellate timeline varies significantly depending on the court and complexity of issues. Direct appeals in Washington courts of appeals typically take twelve to eighteen months from filing to decision. More complex cases or those proceeding to the Washington Supreme Court can take substantially longer, sometimes two to three years or more. Federal appeals similarly vary, with timeframes depending on the specific federal circuit and case complexity. Post-conviction relief proceedings have no fixed timeline and can extend years after direct appeal concludes. The appellate process is deliberately thorough to allow adequate briefing and consideration of complex legal issues. While the process can be lengthy, thorough appellate advocacy requires adequate time for research, brief preparation, and argument. Understanding that appeals are inherently time-consuming helps manage expectations while pursuing meaningful relief.
Can I appeal if I entered a guilty plea?
Yes, you can appeal certain issues even after entering a guilty plea, though your appellate options are more limited than following trial conviction. You can appeal constitutional violations that occurred before the plea, such as ineffective assistance in negotiating the plea or violation of rights during plea proceedings. You can also challenge the validity of the plea itself, arguing it was not knowing, voluntary, and intelligent, or that it violated your rights. However, guilty pleas generally waive claims about trial errors or pre-trial events, limiting appellable issues to constitutional violations and plea validity. It is crucial to consult with an appellate attorney to determine what issues are still available for appeal following a guilty plea. Some defenses in plea cases require timely preservation of issues, emphasizing the importance of immediate legal consultation.
What is a habeas corpus petition and when should I file one?
A habeas corpus petition is a post-conviction remedy challenging the legality of your incarceration, typically based on constitutional violations. In Washington, habeas corpus petitions are filed in superior court and assert that you are being unlawfully restrained of liberty due to constitutional violations. Federal habeas corpus petitions under 28 U.S.C. § 2254 challenge state convictions based on federal constitutional violations. Habeas corpus petitions are appropriate when other appellate remedies are exhausted or inadequate. They are particularly valuable for raising constitutional claims not adequately addressed on direct appeal or for presenting newly discovered evidence of constitutional violations. Federal habeas petitions require exhaustion of state remedies first, meaning state appeals and post-conviction relief must generally be completed before filing in federal court. Timing considerations and procedural requirements make it essential to work with an attorney experienced in habeas practice.
What is the success rate for criminal appeals?
Appellate success rates vary widely depending on the issues raised and the specific court. Studies indicate that appellate reversal rates range from approximately five to fifteen percent across different jurisdictions, with some variation depending on offense type and appellate court. However, these statistics do not capture partial successes such as remands for resentencing, which can provide significant relief even when conviction is not reversed. Success depends heavily on the quality of appellate representation and the strength of issues available for appeal. Cases with clear constitutional violations or legal errors typically have better prospects than those with marginal issues. Having an experienced appellate attorney thoroughly investigate your case and develop strong legal arguments significantly improves likelihood of success. Even when reversal is unlikely, appellate proceedings can result in valuable remands for resentencing or mitigation of sentences.
How much does an appeal cost and what should I expect to pay?
Appellate costs vary depending on case complexity, whether expert opinion is necessary, and the scope of post-conviction investigation required. Many appellate cases require investigation beyond the trial record, including expert analysis, witness interviews, and legal research. Some appeals may be handled at fixed rates, while others work on hourly billing or contingency arrangements. Initial consultation with an appellate attorney will clarify fee structures and cost estimates. If you cannot afford an appellate attorney, you can request appointment of public appellate counsel. Public appellate defenders handle many appeals at no cost to defendants. Whether you hire private counsel or request public representation, discussing fees and cost expectations upfront is important. Many appellate attorneys offer payment plans or reduced fees for clients facing financial hardship. The investment in quality appellate representation often yields results that justify the costs through sentence reduction or conviction reversal.