Dedicated Post-Conviction Relief
Appeals Lawyer in Tulalip Bay, Washington
Criminal Appeals and Post-Conviction Services
If you have been convicted of a crime, an appeal may provide a critical opportunity to challenge the outcome of your case. The appeals process involves reviewing trial records, identifying legal errors, and presenting arguments before appellate courts. At Law Offices of Greene and Lloyd, we understand that a conviction can have devastating consequences on your life, family, and future. Our team works diligently to examine every aspect of your case and pursue every viable avenue for relief.
Why Appeals and Post-Conviction Relief Are Essential
An appeal can overturn a wrongful conviction, reduce your sentence, or order a new trial based on legal errors that occurred during your original case. Post-conviction relief addresses issues such as ineffective assistance of counsel, newly discovered evidence, and constitutional violations. These remedies can provide vindication and meaningful changes to your sentence or custody status. Many convictions contain correctable errors that appellate courts can address, making experienced representation invaluable during this critical phase of your case.
Our Firm's Appellate Practice and Attorney Background
Understanding the Appeals Process
The criminal appeals process begins with filing a notice of appeal within strict statutory timeframes, typically within 30 days of sentencing. Your appellate attorney reviews the entire trial record, including transcripts, evidence, and motions, to identify potential legal errors. These errors might include improper jury instructions, admission of prejudicial evidence, prosecutorial misconduct, or failures by your trial attorney. The appellate brief then presents these issues in written form to the court of appeals, highlighting how the errors affected the outcome and why reversal or modification is warranted.
Need More Information?
Key Terms in Appeals and Post-Conviction Relief
Notice of Appeal
The formal document filed with the trial court that initiates the appellate process, preserving your right to have your conviction reviewed by a higher court.
Appellate Brief
A written legal document submitted to the court of appeals that presents the issues, legal arguments, and evidence supporting why your conviction should be reversed or modified.
Ineffective Assistance of Counsel
A constitutional claim that your trial attorney’s performance fell below acceptable professional standards and prejudiced your defense, potentially supporting a new trial or conviction reversal.
Oral Argument
An opportunity for your appellate attorney to present arguments directly to judges and answer questions about your case, typically lasting 15-20 minutes per side.
PRO TIPS
Act Quickly on Your Appeal Deadline
Washington law requires that you file your notice of appeal within 30 days of sentencing, and missing this deadline can be fatal to your appellate rights. Contact an appellate attorney immediately after conviction or sentencing to ensure no time is lost. Even if you believe your trial attorney will file the appeal, verifying this directly with our office protects your interests.
Preserve the Record for Appeal
The appellate court can only review what appears in the trial record, making it essential to request transcripts and preserve documents during your trial. If errors were not objected to at trial, they may be harder to raise on appeal, though certain constitutional violations can still be addressed. Having complete and accurate trial records strengthens your appellate position significantly.
Consider All Available Relief Options
Beyond direct appeals, post-conviction relief petitions, federal habeas corpus petitions, and sentence modification motions may be available depending on your circumstances. Each remedy has different timeframes, requirements, and advantages that your attorney should evaluate carefully. Pursuing the right combination of remedies can maximize your chances of achieving meaningful relief.
Comparing Your Post-Conviction Options
When You Need a Full Appeal Strategy:
Complex Legal or Factual Issues in Your Trial
If your case involves complicated legal questions, novel constitutional issues, or disputes over complex evidence, a comprehensive appellate approach becomes essential. Multiple legal theories may need to be developed and briefed to give your case the best chance of success. Our attorneys have the knowledge to identify and effectively argue these nuanced issues before appellate courts.
Ineffective Assistance of Counsel Claims
When your trial attorney failed to investigate, pursue viable defenses, or challenge critical evidence, an ineffective assistance claim requires detailed factual development and legal argument. These claims often demand evidentiary hearings to establish prejudice and inadequate performance. A skilled appellate attorney can thoroughly investigate and present these claims to maximize your relief opportunities.
When Basic Appeal Services May Be Adequate:
Clear Procedural or Evidentiary Errors at Trial
If your trial involved obvious errors such as improper jury instructions or admission of clearly inadmissible evidence, a focused direct appeal addressing these specific issues may be sufficient. These straightforward appellate arguments can sometimes result in reversal without extensive investigation or additional proceedings. An experienced appellate attorney can assess whether this streamlined approach is appropriate for your case.
Sentence Modification or Sentencing Error Claims
When your conviction stands but sentencing errors occurred, a sentence modification appeal may focus narrowly on the sentencing court’s decision rather than the entire trial. These appeals often involve arguments about sentencing guidelines, excessive punishment, or failure to consider mitigating factors. Depending on the specific issues, this targeted approach can be effective without broader case review.
Common Situations Requiring Appeals and Post-Conviction Relief
Why Choose Law Offices of Greene and Lloyd for Your Appeal
At Law Offices of Greene and Lloyd, we understand the serious consequences of a criminal conviction and the urgency of pursuing effective appellate relief. Our attorneys bring deep knowledge of Washington’s appellate rules, criminal procedure, and constitutional law. We approach each case with meticulous preparation, thorough analysis of trial records, and compelling advocacy designed to persuade appellate judges. Your conviction deserves a vigorous defense at the appellate level, and we are committed to fighting for your rights.
We handle direct appeals, post-conviction relief petitions, ineffective assistance of counsel claims, and sentence modification motions with the same dedication we bring to trial representation. Our team investigates thoroughly, identifies all viable legal arguments, and presents them persuasively through written briefs and oral arguments. We serve clients throughout Snohomish County and Washington State, and we are available to discuss your appellate options immediately.
Contact Us for Your Free Appellate Consultation
People Also Search For
Criminal appeals Washington
Post-conviction relief Tulalip Bay
Ineffective assistance of counsel appeal
Appeal lawyer Snohomish County
Sentence modification Washington
Direct appeal criminal conviction
Appellate attorney Washington State
Brady violation appeal
Related Services
FAQS
How long do I have to file an appeal in Washington?
Washington law requires that you file a notice of appeal within 30 days of sentencing in most cases. This is a strict deadline, and missing it can permanently waive your appellate rights. If you need an extension, you must file a motion before the deadline expires, and courts rarely grant these extensions. If you are incarcerated and unable to file immediately, you can request assistance from a public defender or contact our office right away. We recommend contacting an appellate attorney as soon as possible after sentencing to ensure your deadline is protected and your appeal is filed properly.
What is the difference between a direct appeal and post-conviction relief?
A direct appeal challenges errors that occurred during your trial, reviewing the trial record and arguing that legal mistakes prejudiced your conviction or sentence. A direct appeal must be filed within 30 days of sentencing and addresses issues preserved at trial. Post-conviction relief petitions, filed under RAP 16.8, allow you to raise claims not preserved at trial, such as ineffective assistance of counsel or newly discovered evidence. These petitions are not time-limited in the same way and can be pursued even years after conviction, making them valuable when trial counsel failed to raise important issues.
Can I appeal if I accepted a guilty plea?
Yes, you can appeal after accepting a guilty plea, but the scope of your appeal is limited. You cannot challenge the factual guilt established by your plea; however, you can argue that the plea was not knowing and voluntary, that you received ineffective assistance of counsel during plea negotiations, or that the sentence is excessive. If you were promised something in exchange for your plea and the promise was broken, or if your attorney provided terrible advice about the consequences of the plea, these claims can support appeal or post-conviction relief that may allow you to withdraw the plea and pursue a trial.
What is an ineffective assistance of counsel claim?
An ineffective assistance of counsel claim argues that your trial attorney’s performance was so deficient that it violated your constitutional right to counsel and prejudiced your defense. To succeed, you must show that your attorney’s actions or omissions were outside the range of reasonable professional assistance and that there is a reasonable probability the outcome would have been different. These claims can address failure to investigate, missed motions, failure to challenge evidence, or poor trial strategy. RAP 16.8 petitions specifically allow you to raise ineffective assistance claims that were not preserved at trial, and these claims often result in new trials or sentence modifications.
How much does an appeal cost?
Appeal costs vary depending on the complexity of your case, the issues to be briefed, and whether oral argument is required. Our firm offers competitive pricing and can discuss payment options during your consultation. We represent clients on limited budgets and work to make appellate representation accessible. If you cannot afford private counsel, you may be eligible for a public defender on appeal if you qualify financially. We can explain your options and help you understand the costs and benefits of pursuing appellate relief in your specific situation.
Can an appeal overturn my conviction?
Yes, an appeal can overturn your conviction, but this outcome depends on the strength of the legal issues and errors in your case. Appeals that identify constitutional violations, ineffective assistance of counsel, or insufficient evidence sometimes result in conviction reversals and dismissal of charges or new trials. Even when the conviction is not overturned, appeals can result in sentence reductions or modifications. The appellate court reviews your case for legal errors and can provide meaningful relief when errors are found. Experienced appellate representation significantly improves your chances of success.
What happens during oral argument?
Oral argument is a hearing before a panel of appellate judges where your attorney presents your case and answers questions from the bench. Arguments typically last 15-20 minutes per side and focus on the key legal issues identified in your appellate brief. Judges use oral argument to understand the nuances of your case and test the strength of your legal arguments. Oral argument is not guaranteed in all appeals, but when scheduled, skilled advocacy can make a significant difference in the court’s decision. Your appellate attorney should thoroughly prepare, anticipate likely questions, and present compelling, confident arguments during this critical proceeding.
Do I have a right to an attorney for my appeal?
Yes, you have a constitutional right to an attorney on your direct appeal if you cannot afford one. Most courts appoint public defenders to handle direct appeals for clients who qualify financially based on their income and assets. The quality of representation can vary, but public defenders handle substantial caseloads and may have limited time for appellate preparation. If you believe your appointed attorney is not providing adequate representation, you can request a substitution or hire private counsel if resources become available. Our firm can discuss whether private appellate representation might benefit your case compared to public defender services.
How long does the appeals process take?
The appeals process in Washington typically takes 12-24 months from filing the notice of appeal to final decision by the court of appeals. Direct appeals involve briefing schedules set by the court, with each side having time to file written arguments before oral argument is scheduled. Some cases are decided on the briefs without oral argument. Post-conviction relief petitions and subsequent appeals can add additional time, particularly if evidentiary hearings are required or if the case proceeds to the Washington Supreme Court. While the process can be lengthy, the timeline ensures thorough review of your claims and proper opportunity to present your arguments.
What is a RAP 16.8 petition?
A RAP 16.8 petition is a request for post-conviction relief that allows you to raise issues not preserved at trial or addressed on direct appeal. RAP stands for Rules of Appellate Procedure, and Rule 16.8 specifically governs petitions for review of claims such as ineffective assistance of counsel, newly discovered evidence, or violations of constitutional rights not preserved during trial. Unlike direct appeals, RAP 16.8 petitions are not subject to the strict 30-day filing deadline and can be filed years after conviction. These petitions are powerful tools for challenging convictions based on claims your trial attorney should have raised but failed to pursue, making them essential in many cases.