Post-Conviction Relief Options
Appeals Lawyer in Maltby, Washington
Criminal Appeals and Post-Conviction Representation
If you have been convicted of a crime and believe errors occurred during your trial or sentencing, you have the right to appeal. The appeals process is complex and requires a thorough understanding of procedural rules and case law. At Law Offices of Greene and Lloyd, we provide comprehensive appeals representation for clients throughout Maltby and Snohomish County. Our team examines trial records, identifies legal errors, and advocates for your rights before appellate courts. We understand the frustration and stress of navigating the appeals process and are committed to pursuing every available avenue for relief.
Why Appeals Matter for Your Case
Appeals provide a critical opportunity to challenge convictions and sentences when legal errors have occurred. The appellate process allows for fresh legal review of trial proceedings and sentencing decisions by higher courts. Many convictions contain correctable errors that trial counsel may have failed to address or that only become apparent during post-conviction review. Pursuing an appeal preserves your rights and may result in case dismissal, new trial, sentence reduction, or acquittal on appeal. Having knowledgeable representation during this process significantly increases the likelihood of favorable outcomes and ensures all valid arguments are properly presented.
Law Offices of Greene and Lloyd's Appeals Practice
Understanding the Criminal Appeals Process
The criminal appeals process begins with filing a notice of appeal within strict statutory deadlines following conviction or sentencing. Your appellate attorney must then obtain trial records, review them for legal errors, and identify issues suitable for appeal. This requires analyzing whether constitutional rights were violated, if trial procedures were followed, whether evidence supported the verdict, or if sentencing was appropriate. Appellate arguments focus on legal questions rather than factual disputes, as appellate courts generally defer to trial findings. Our firm carefully examines every aspect of your case to develop the strongest possible arguments for appellate review.
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Appeals Glossary and Key Definitions
Notice of Appeal
A formal document filed within thirty days of sentencing that initiates the appeal process and informs the court and prosecution of your intention to appeal the conviction or sentence.
Appellate Brief
A detailed written document submitted to the appellate court that presents legal arguments, cites relevant case law, and explains why the conviction or sentence should be reversed or modified.
Reversible Error
A legal mistake made during trial that was significant enough to affect the outcome of the case and warrants appellate court intervention or a new trial.
Oral Argument
A hearing before an appellate panel where attorneys present arguments regarding the legal issues on appeal and respond to judges’ questions about the case.
PRO TIPS
Meet Strict Deadlines
Criminal appeals must be filed within specific statutory timeframes, typically thirty days after sentencing. Missing these deadlines can permanently forfeit your right to appeal. Contact an attorney immediately after conviction to ensure compliance with all procedural requirements and preserve your appellate rights.
Preserve Trial Arguments
Appellate courts cannot consider arguments not raised at trial unless they involve newly discovered evidence or constitutional violations. It is critical that trial counsel raise objections and preserve issues for appeal during the original proceedings. If you believe trial counsel failed to preserve important issues, this may itself be grounds for appeal based on ineffective assistance claims.
Gather Complete Trial Records
Appellate review depends on having complete and accurate trial records, including transcripts, exhibits, and jury instructions. Request these records promptly and ensure they are certified and complete before appellate briefing begins. Any gaps or missing documents can significantly hamper your appeal and limit the arguments available.
Choosing Your Post-Conviction Strategy
When Full Appellate Representation is Essential:
Multiple Legal Errors Identified
When your trial involved several legal errors—such as evidentiary mistakes, improper jury instructions, or procedural violations—comprehensive appellate representation is necessary. Each error must be carefully analyzed, contextualized, and presented persuasively to appellate judges. Full representation ensures all viable issues are developed strategically and arguments are presented with maximum effectiveness.
Complex Constitutional Issues
Constitutional claims—such as violations of your right to effective assistance of counsel, due process rights, or confrontation clause protections—require sophisticated legal analysis. These appeals demand thorough understanding of constitutional law, relevant Supreme Court precedent, and appellate procedure. Comprehensive representation provides the depth of legal knowledge necessary to successfully raise and develop constitutional arguments.
When More Focused Representation May Apply:
Clear Sentencing Error
If your conviction is likely final but sentencing was clearly improper, a focused appeal challenging only the sentence may be appropriate. This narrower approach concentrates resources on sentencing issues and may result in sentence reduction without challenging the underlying conviction. Limited representation in this context can be effective and efficient.
Single Well-Developed Issue
When one clear legal error stands out as the primary problem with your case, focused representation on that issue may suffice. This approach allows deep development of a single strong argument rather than presenting multiple weaker claims. However, this requires careful assessment to ensure no other viable issues are overlooked.
Situations Where Appeals Are Pursued
Why Choose Law Offices of Greene and Lloyd for Your Appeal
Law Offices of Greene and Lloyd provides dedicated appellate representation focused on protecting your rights and pursuing justice after conviction. Our attorneys understand the appellate process thoroughly and possess the legal skills necessary for successful appeals. We approach each case with meticulous attention to detail, comprehensive case analysis, and strategic development of arguments designed to persuade appellate courts. We recognize the significant consequences of conviction and sentencing, and we are committed to exploring every viable avenue for relief on your behalf.
Choosing our firm means gaining access to experienced attorneys who understand appellate procedure, criminal law, and the specific challenges of appeals in Washington. We provide personalized attention to your case, thorough investigation of potential issues, and aggressive advocacy before appellate courts. Our team works diligently to develop compelling briefs and present effective oral arguments that give your case the best possible chance of success. Contact us today to discuss how we can assist with your criminal appeal and post-conviction relief.
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FAQS
What is the deadline for filing a criminal appeal in Washington?
In Washington, you must file a Notice of Appeal within thirty days of sentencing. This deadline is strict and missing it can permanently forfeit your right to appeal. However, there are limited exceptions, such as when trial counsel fails to file the appeal despite being asked to do so. If you believe your deadline has passed, contact an attorney immediately to explore whether any exceptions might apply to your situation. Once the Notice of Appeal is filed, the appellate process extends well beyond this initial deadline. However, subsequent steps must also comply with specific rules and schedules set by the appellate court. Our firm ensures all deadlines are carefully tracked and met to preserve your rights throughout the entire appeals process.
Can I appeal if I pleaded guilty?
Yes, you can appeal even if you pleaded guilty, though the scope of issues available is more limited than after a trial. When you enter a guilty plea, you generally waive the right to challenge the trial itself or how the prosecution presented evidence. However, you can still appeal sentencing issues, claims that your plea was not knowing and voluntary, or ineffective assistance of counsel related to the plea process. An appellate attorney can review the circumstances of your guilty plea and identify whether any valid grounds for appeal exist in your specific situation. Appeals following guilty pleas often focus on whether the plea agreement was entered into intelligently with full understanding of the consequences. You can also appeal if trial counsel failed to adequately advise you regarding the plea, or if the judge failed to comply with procedures required when accepting guilty pleas. These appeals have successfully resulted in plea withdrawals and new trials for some defendants.
What types of errors can be appealed?
Many different types of legal errors can form the basis for a criminal appeal. These include constitutional violations, evidentiary errors, improper jury instructions, prosecutorial misconduct, trial judge mistakes, and inadequate legal representation at trial. Errors must be significant enough to have likely affected the trial outcome or been contrary to justice. Some errors are considered “harmless” if the evidence of guilt is overwhelming, while others are deemed structural and cannot be waived. Your appellate attorney will review the entire trial record to identify every potential error and assess whether each rises to a level requiring appellate review. Common appealable errors include admission of illegally obtained evidence, violation of your confrontation rights, improper exclusion of exculpatory evidence, and jury instruction problems. Our firm conducts thorough analysis to ensure no viable issues are overlooked.
How long does the appeals process take?
The criminal appeals process in Washington typically takes between twelve to twenty-four months from filing the Notice of Appeal through final decision. However, this timeline can vary based on case complexity, court schedules, and whether oral argument is requested. Cases involving significant legal issues or multiple errors may require longer briefing periods. Priority circumstances, such as cases where the defendant is incarcerated, may move faster through the system. The process includes obtaining trial records, researching and writing the appellate brief, responding to the prosecution’s brief, potentially requesting oral argument, and waiting for the appellate court’s decision. While the process is lengthy, it provides crucial time for thorough legal analysis and comprehensive advocacy. The precise timeline for your case will depend on the specific circumstances and how quickly each procedural step is completed.
What is an ineffective assistance of counsel claim?
An ineffective assistance of counsel claim asserts that your trial attorney’s performance was so deficient it violated your constitutional right to adequate legal representation. To succeed with this claim, you must demonstrate that counsel’s performance fell below an objective standard of reasonableness and that this deficiency likely affected the trial outcome. Examples include failure to investigate viable defenses, failure to cross-examine witnesses effectively, failure to object to improper evidence, or making contrary-to-law strategic decisions. These claims are frequently raised on appeal and can result in new trials. Ineffective assistance claims require detailed analysis of trial counsel’s conduct and comparison to professional standards. Your appellate attorney will examine trial records to identify instances where counsel’s actions or inactions fell below the standard expected of reasonably diligent attorneys. If successful, these claims may lead to resentencing or new trial where you can receive properly prepared representation.
Can appellate courts order a new trial?
Yes, appellate courts have the authority to order new trials in certain circumstances. If the appellate court finds reversible error occurred during trial, it may reverse the conviction and remand the case for a new trial. The prosecution would then have the opportunity to retry you with the benefit of knowing what went wrong previously. A new trial allows the defendant to be tried again with different counsel, potentially different evidence, and without the errors that characterized the first trial. Appellate courts also may order cases remanded for resentencing if sentencing errors are found. In some cases, appellate courts may find evidence so insufficient that the conviction cannot stand and may order acquittal rather than a new trial. The specific remedy depends on the nature and severity of the error found.
What happens at oral argument before the appellate court?
Oral argument is a hearing before an appellate panel where attorneys present arguments and respond to judges’ questions about the legal issues on appeal. During oral argument, your appellate attorney has the opportunity to explain the key arguments in the brief, emphasize the strongest points, and address judges’ concerns in real time. The prosecution also presents arguments defending the conviction. This hearing provides judges with the chance to ask clarifying questions about the legal positions taken in the briefing. Oral argument typically occurs several months after briefs are submitted and lasts about thirty minutes, split between each side. While not all cases proceed to oral argument, many do, and it provides valuable opportunity to directly influence appellate judges’ thinking. Preparation for oral argument requires extensive knowledge of the case, appellate law, and the ability to think on your feet while responding to judicial questions.
Can I appeal a sentence without appealing the conviction?
Yes, in many circumstances you can appeal a sentence without appealing the conviction itself. If your sentence appears improper but you do not contest the guilty verdict, a sentencing-only appeal may be appropriate. This approach challenges whether the sentence complies with applicable law, sentencing guidelines, or represents an abuse of the trial judge’s discretion. Successful sentencing appeals often result in sentence reduction or remand for resentencing. This focused approach can be more efficient than pursuing a full conviction appeal. However, once you appeal the conviction, you have the opportunity to raise sentencing issues as well. Your appellate attorney will advise whether a conviction appeal is viable in your case and what additional issues might be raised alongside sentencing challenges. The decision depends on the specific facts and legal issues in your case.
What is a motion to reconsider in a criminal case?
A motion to reconsider is a request asking the trial court to reconsider a ruling or decision, typically made shortly after the original decision. These motions must be filed within strict timeframes and on specific legal grounds. A motion to reconsider might challenge a sentencing decision, claim newly discovered evidence, or assert that legal arguments not previously understood should cause the court to reverse its prior ruling. Success requires showing the trial judge overlooked important facts or law or that circumstances have substantially changed. While motions to reconsider can occasionally be successful, they are generally a preliminary step before pursuing full appellate review. If the trial court denies the motion to reconsider, you then typically have the right to file the Notice of Appeal and pursue appellate review. Your attorney will assess whether a motion to reconsider is worthwhile in your specific case.
How much does a criminal appeal cost?
The cost of a criminal appeal varies based on the complexity of the case, the number of issues being raised, and the amount of legal work required. Appeals involve significant attorney time for record review, legal research, brief writing, and potentially oral argument preparation. Some appeals may be completed in under one hundred hours of legal work, while complex appeals involving multiple issues or constitutional claims may require significantly more time. Cost also depends on whether you retain the appellate attorney or whether a public defender’s office represents you. If you cannot afford an attorney, you have the right to have one appointed at state expense. Public defender offices handle many appeals and provide representation to eligible individuals without cost. If you choose private representation, discuss fee arrangements with your attorney. Some attorneys accept appeals on a flat fee basis, while others bill hourly. Regardless of representation type, the investment in quality appellate representation can have significant consequences for your freedom and future.