Can You Appeal a Criminal Conviction in Vancouver, Washington?

Yes. The right to appeal a criminal conviction is guaranteed by the Washington Constitution. The time limit for filing a Notice of Appeal is very short, however, and generally is only 30 days from the date that the judgment and sentence were entered by the trial court.

So an appeal is not another trial. Instead, it is a review by a higher court of the actions of the trial court. The appeal will be decided by the reviewing court based upon the record of the trial court which would consist of the transcripts of the trial, any exhibits, and the trial court’s rulings on the various motions that were brought before the court.

What Is a Criminal Appeal?

A criminal appeal is a way for a higher court to review a lower court’s actions in a criminal case. A criminal appeal typically involves claims of error that denied a defendant their right to a fair trial or resulted in an improper sentence.

An appeal is not:

  • A second trial
  • A chance to present new witnesses or new evidence.
  • A second trial on the facts of the case.

The reviewing court will review the record of the trial court for errors that were рейreversible. Reversible errors are those errors so significant that they could have affected the outcome of the case had they not occurred. The bulk of an appellant’s argument is composed of setting out the record in support of the appellant’s position and arguing that the errors in the record identified by the appellant were reversible.

What Is the Deadline to Appeal in Washington?

You have 30 days from the date the judgment and sentence was entered by the trial court to file a Notice of Appeal with the trial court clerk.

This is more important than any other aspect of the appeals process. Typically, these sorts of matters are dismissed by the appellate court unless it is manifest that dismissal would work a substantial injustice.

Common Grounds for a Criminal Appeal

The most common grounds for appeal are listed below. Again, remember that these are the most common issues, but every case is different and there are many other issues that may be grounds for an appeal.

  • Failure of the State to Prove Each Element of the Crime Charged Beyond a Reasonable Doubt.
  • Wrongly admitted or excluded evidence. (Error in admitting or excluding evidence which was unfairly prejudicial to the party offering or required to be introduced.)
  • Errors in a suppression ruling. In a suppression case where the defendant argued that evidence should have been excluded because it was seized in violation of constitutional rights, failing to follow prior orders of the court, or because evidence was obtained as a result of an unconstitutional interrogation, an appeal can be filed where the trial court failed to grant relief which was properly awarded.
  • A) Faulty jury instructions: When a critical issue of the case is not covered in the jury instructions or the instructions are otherwise incorrect.
  • Prosecutorial misconduct. The actions of the prosecutor may have been improper and could be grounds for an appeal.
  • b. Ineffective assistance of counsel. Your trial lawyer’s performance fell below professional standards and harmed your case.
  • Sentencing errors. The court imposed an illegal or miscalculated sentence.
  • Constitutional issue(s) (e.g. denial of right to confront witness, denial of right to fair trial by impartial jury).

However, not all mistakes have legal significance. Furthermore, most errors are only reviewable if they had affected the outcome.

Can You Appeal After a Guilty Plea?

Appeals after a guilty plea are much narrower. By pleading guilty, you give up many trial-related claims. You may still challenge:

  • Whether your plea was knowing, voluntary, and intelligent
  • Certain sentencing errors
  • Whether the court had authority to sentence you to the sentence you received

And keep in mind that there are time limits and other criteria that must be met to withdraw a guilty plea, so consult with an attorney as soon as possible.

Other Ways to Challenge a Conviction

As noted above, an appeal is not the only route to challenge a conviction in Washington. Post-trial motions, as well as personal restraint petitions, are also available to litigants. Each, however, has its own separate and rigorous procedures.

Post-Trial Motions

Most trial courts grant a party up to 10-14 days to file post-trial motions and seek relief following a verdict.

Personal Restraint Petition

The “personal restraint petition” or “PRP” is considered to be a form of collateral attack on a conviction and it is based on issues that were not raised in the trial, such as newly discovered evidence or an ineffective attorney for certain purposes.

Most PRP’s must be filed within one year of when your judgment became final (RCW 10.73.090). However, there are a few exceptions including newly discovered evidence, double jeopardy convictions and fundamental changes in controlling law.

Motion to Vacate a Conviction

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What Happens During an Appeal?

The process generally follows these steps:

  1. File a notice of appeal within 30 days.
  2. Preparation of the record on appeal (i.e., the transcripts and other documents from the lower court).
  3. You file your client’s opening brief; your attorney will outline the errors that occurred below and develop the proper legal arguments to support your contentions.
  4. The State Responds. The State files a response brief to your brief on appeal.
  5. File a reply brief to respond to the state’s arguments in their brief.
  6. There may be an oral argument (even rare as it is) where both you and the prosecutor get to argue before the judges.
  7. The court issues a written decision.

Time frames for a criminal appeal can vary but typically take 1 year or more.

What Are the Possible Outcomes?

The appellate court may:

  • Affirm the conviction, which leaves the result unchanged
  • Reverse the conviction and dismiss the charges
  • Remand for a new trial
  • Remand for resentencing
  • Modify part of the sentence or conditions

Most criminal appeals are denied, because there is considerable deference given to the trial judge’s and jurors’ factual determinations. However, a good appellate argument can often be created to raise certain issues of law.

Do You Have a Right to an Appointed Lawyer?

If necessary, an indigent defendant has the right to an appointed counsel for direct appeal at public expense. A defendant also has the right to use a private attorney at defendant’s own expense. He or she must make such determination within 30 days of judgment.

What to Do If You Want to Appeal

Take these steps right away:

  • Write down the date of the judgment. This is the day that the 30 days for the first appeal starts.
  • Contact an appellate attorney immediately.
  • Gather documentation from the Trial and Sentencing, including Judgment and Sentence, the original Charging Documents and all notices issued by the Court.
  • Explain each error or injustice found in your trial and how each error may have affected the verdict and sentence in your case. Also, describe any ineffective assistance of trial counsel that you observed.
  • Follow all of the terms and conditions of your sentence. Violating any provision of your sentence could lead to further complications while your appeal is pending.
  • Also, ask the attorney if there is a chance you will be released while the appeal is pending.

How Mcaleer Law Can Help

We will:

  • Review your judgment, transcripts, and court record
  • Explain your options and the deadlines that apply
  • Prepare persuasive written briefs
  • Present your arguments to the appellate court
  • Protect your rights throughout the process

Have a question about an unfair criminal conviction or sentence?

Frequently Asked Questions

How long do I have to appeal a criminal conviction in Washington?

You have 30 days from the date that judgment and sentence are pronounced in court to file a notice of appeal.

Can I appeal if I pleaded guilty?

Yes. However, as with any plea, there are limited grounds upon which an appeal can be made. Most typically, an appellant will argue that their plea was entered voluntarily, or that the sentence imposed was illegal.

Will an appeal give me a new trial?

These can have different effects than a new trial. A new trial is only granted in an appeal as it is a ground of appeal, and the appellate court finds that a serious error occurred at trial.

Can I introduce new evidence on appeal?

No. You can generally only raise issues on appeal that were raised below. However, a personal restraint petition generally allows a petitioner to raise issues including new evidence in a limited number of circumstances.

What if I missed the 30-day deadline?

Late appeals are rarely granted. Typically one must file a Personal Restraint Petition within one year of the date your constitutional rights have been restrained and seek relief from the issues that cannot be raised on appeal.

Will I be able to stay out of jail while my criminal appeal is pending?

Yes. Sometimes a judge will release you while the appeal is pending for a criminal conviction. It depends on a number of factors including the nature of the crime for which you were convicted, your prior record, and others.

How long does a criminal appeal take?

It typically takes one year or longer for an appeal to be decided by the appellate court.

Do I need a lawyer for an appeal?

You do not need an attorney to appeal a criminal conviction, but criminal appeal cases require specialized legal knowledge and sophisticated written and oral argument. Strong written and oral argument increases your chances of success.