If you or someone you know has been convicted of a crime, perhaps the most pressing question is "Can I appeal my conviction?" We have seen countless examples of clients who were unfairly convicted due to previous counsel who lacked the skills needed to provide their clients with an adequate defense.
If you have been convicted of a state felony or misdemeanor, you have the right to appeal your conviction. We strongly encourage you to speak with an experienced appellate law firm to understand your options. There are strict Statutes of Limitations that limit how much time you have to appeal a case, so it is critical that you act fast.
It is important to understand that being granted an appeal does not mean you get to do your trial over simply because you did not like the outcome. In order to appeal a verdict, you must establish that your rights were somehow violated in the original trial. Grounds for an appeal can include discovery of new evidence, mistakes regarding the handling of evidence, jury errors, legal procedural errors, unfair sentencing and sometimes incompetent legal counsel.
The rules and procedures regarding appeals are quite complex. Navigating this process requires a law firm with highly specialized appellate experience as well as the investigative skill and resources needed to find mistakes that others had overlooked.
The Appeals process often represents the last chance to protect your rights, and it should be entrusted only to the most capable law firms. We are proud of the fact that our appellate attorneys have achieved life-altering successes in this area and have even resulted in the writing of new criminal law.
Often the simplest and fastest post-conviction option is to file a post-trial motion with the trial court that made the original conviction. A trial court usually will refuse to change its own judgments or order a new jury trials. When this happens, the next step is to file an "appeal."
An appeal is a request to a higher (appellate) court for that court to review and change the decision of a lower court. The defendant may challenge the conviction itself or may appeal the trial court's sentencing decision without actually challenging the underlying conviction.
Unlike a normal criminal trial, an appeal is not a new jury trial. Instead, your Appellate Attorney argues on your behalf by submitting written legal briefs to the Court of Appeals. The arguments are based solely on the transcripts of your original trial. If the Court of Appeals grants your appeal, then your case may be sent back to a lower court for a re-trial or a re-sentencing.
The "Appeal" is not the only type of post-conviction relief available to you. Other important tools include:
- Writs
- Writ of Habeas Corpus
- Sentencing Reduction
- Use of DNA Evidence
It is impossible to describe on a web site all of the details involved in the post-conviction process. If you are considering getting relief from a criminal conviction, we urge you to call us immediately at
866-819-7536 for a
free case consultation. Only by understanding the details of your situation can we determine your options and how we can help.
We know that there are thousands of innocent people spending time in prison for something they didn't do. This is the driving force behind this firm ? the most powerful criminal defense law firm in the country.
What Makes Us So Successful?
We have developed the most innovative, aggressive and dynamic defense strategies in the nation to protect our clients' rights. We prepare every case for trial rather than rushing to a plea bargain. Our extensive preparation and phenomenal courtroom reputation actually keep most cases from trial and generate superior results. Click here to learn more about our
unique business model.
Employ the Power of a Team
Collectively, we have more than
250 years of experience defending clients charged with very serious crimes in State and Federal Courts across America. While most defendants must rely on a single lawyer who may carry a heavy case load, our clients are provided the resources of a
full defense team managed by a responsive case manager and skilled lead counsel. This teamwork is critical in delivering our high level of service.
Areas of Practice
While some law firms practice in multiple areas of law, we focus our practice entirely on criminal defense. We handle most types of serious state and federal crimes and have a dedicated Appellate Department that focuses on:
• Writs and Appeals
• Sentencing Relief
• Expungements