Frequently Asked Questions About Criminal Appeals in Washington

Working through the criminal justice system can be an overwhelming experience, especially if you're dealing with the aftermath of a criminal conviction. In Washington, understanding the process of filing a criminal appeal is crucial if you believe there has been a mistake or injustice in your case. Criminal appeals are a vital part of criminal defense, providing a pathway to challenge a conviction or sentence. To help you better understand this process, I've compiled a list of frequently asked questions about criminal appeals for Washington citizens.

1. What's a Criminal Appeal?

A criminal appeal is a request made to a higher court to review and change the outcome of a case decided by a lower court. It's important to note that an appeal isn't a new trial; rather, it's a legal process focused on identifying and correcting errors that may have occurred during the trial. In a criminal defense context, filing an appeal means you're asking an appellate court to examine the trial court's proceedings to determine if there were legal mistakes that affected the verdict or the sentence.

2. Who Can File a Criminal Appeal in Washington?

In Washington State, a criminal appeal can be filed by anyone who has been convicted of a crime and believes that a legal error affected the outcome of their trial. This includes individuals who entered a plea of guilty or were found guilty after a trial. In some cases, the state can also file an appeal if there was a legal error that adversely affected the prosecution's case. As part of your criminal defense strategy, I need to make sure that there are valid grounds for an appeal before moving forward.

3. What Are the Grounds for Filing a Criminal Appeal?

There are several grounds on which you can base a criminal appeal in Washington. Common grounds for appeal include legal errors made by the judge, insufficient evidence to support the verdict, improper admission or exclusion of evidence, prosecutorial misconduct, ineffective assistance of counsel, and errors in jury instructions. It's crucial for you to work with an experienced criminal defense attorney who can identify any potential grounds for appeal and build a strong case based on those issues.

4. How Long Do We Have to File a Criminal Appeal?

Timing is critical when it comes to filing a criminal appeal. In Washington, you generally have 30 days from the date of the final judgment or sentence to file a notice of appeal. This deadline is strict, and missing it can result in losing the right to appeal. That’s why it’s important to act quickly and consult with a criminal defense attorney as soon as possible after a conviction to make sure that all necessary paperwork is filed on time.

5. What's the Role of a Criminal Defense Attorney in the Appeals Process?

A criminal defense attorney plays a vital role in the appeals process. They're responsible for reviewing the trial record, identifying any errors or legal issues, and drafting legal briefs that argue why the conviction or sentence should be overturned. Additionally, they may present oral arguments before the appellate court. Having a skilled criminal defense attorney by your side is essential because the appeals process is challenging and requires a deep understanding of appellate law and procedure.

6. What Happens During the Appeals Process?

Once you file a notice of appeal, the appeals process begins with your criminal defense attorney preparing a written brief that outlines the errors made during the trial and why those errors warrant a reversal or modification of the conviction or sentence. The prosecution will also submit a brief in response, arguing why the conviction or sentence should be upheld. In some cases, the appellate court may schedule oral arguments, where both parties can present their positions in person. The appellate court will then review the briefs, the trial court record, and any oral arguments before making a decision.

7. What Are the Possible Outcomes of a Criminal Appeal?

The appellate court can rule in several ways on a criminal appeal. They may affirm the conviction, meaning they agree with the lower court’s decision, or they may reverse the conviction, which means they find that a significant error occurred and overturn the verdict. The court can also remand the case, sending it back to the lower court for a new trial or re-sentencing. In some instances, the appellate court may modify the sentence if they find that the original sentence wasn't appropriate. Understanding these potential outcomes is crucial as you work through the appeals process with your criminal defense attorney.

8. Can We Introduce New Evidence During a Criminal Appeal?

One of the most important things to understand about criminal appeals is that you can't introduce new evidence or present new witnesses. The appellate court’s role is to review the trial court’s proceedings to determine if there were legal errors that impacted the case’s outcome. They base their decision on the trial record, including transcripts, evidence, and legal arguments that were presented at the original trial. If you believe there's new evidence that could prove your innocence, you may need to pursue a different legal route, such as filing a motion for a new trial or post-conviction relief.

9. How Long Does the Appeals Process Take?

The length of the appeals process can vary significantly depending on the intricacy of the case and the workload of the appellate court. In Washington State, it can take several months to a few years for an appeal to be resolved. During this time, your criminal defense attorney will be actively working on our behalf, preparing briefs, and possibly participating in oral arguments. It’s essential to be patient and stay informed throughout the process, understanding that the appeals process can be lengthy but is a critical opportunity to seek justice.

10. What Happens If We Lose the Appeal?

If you lose your appeal, it’s not necessarily the end of the road. There are still options available to you, such as filing a motion for reconsideration with the same appellate court, petitioning for review by the Washington State Supreme Court, or seeking federal habeas corpus relief in some cases. Each of these options has specific requirements and deadlines, so it’s crucial to consult with your criminal defense attorney to determine the best course of action. Even if your appeal is unsuccessful, you should continue to explore all available avenues to challenge your conviction or sentence.

Do You Need a Criminal Defense Attorney?

Filing a criminal appeal in Washington is a complicated and challenging process, but it's an essential component of criminal defense. Understanding the appeals process, from the grounds for appeal to the potential outcomes and timelines, can help you make informed decisions and effectively advocate for your rights. Working closely with an experienced criminal defense attorney like me, Gary Metro, Attorney at Law, is crucial for working through this process and making sure that your appeal is as strong as possible.

By addressing these frequently asked questions, I hope to provide clarity and guidance when you're facing the overwhelming task of appealing a criminal conviction. Remember, every case is unique, and while general information is helpful, consulting with a knowledgeable criminal defense attorney can provide personalized advice tailored to your specific circumstances.

Are you looking for a local criminal defense attorney? Reach out to the Metro Law Firm today for more information. I serve clients throughout Tri-Cities, Washington (Kennewick, Pasco, and Richland) as well as Benton-Franklin County, Yakima County, Wall Walla County, and Seattle.