Criminal Appeals Lawyer in Vancouver, WA: Protecting Your Rights After a Criminal Conviction -

Even when a person is found guilty of a crime, they are not necessarily not at the end of all of their legal options. Many people discover after having been found guilty of a crime and having been sentenced that there were errors during their trial which resulted in their conviction. The person may be able to appeal their conviction. An appeal is different from a new trial; on an appeal, there is no new evidence presented and the same facts from the original trial are relitigated. Rather, on an appeal, the appellate court reviews the lower court’s application of the law in reaching a conclusion as to the defendant’s guilt. If the appellate court concludes that the lower court’s application of the law was erroneous and that error was more probably than not detrimental to the person’s rights, then the appellate court can grant relief to the defendant.

Mcaleer Law is looking for a criminal appeals lawyer in Vancouver, WA. Our criminal appeals lawyers are experienced appellate lawyers who can represent individuals who have been convicted of a crime and believe that errors occurred during their trial which resulted in their conviction. We review the trial record to identify error and develop a strong argument which can be used to appeal a conviction.

What Is a Criminal Appeal?

A criminal appeal is different from a new trial and does not include the presentation of new evidence or a re-trial of the facts of the case. The Appellate Court reviews the trial record to see if any errors occurred during the criminal proceedings which would require a new trial or other relief.

An appeal examines the facts of a case as they were related during the trial, and looks to see if the correct application of law was used in determining the outcome of the case.

Common Reasons for Filing a Criminal Appeal

Most convictions are not appealable but there are some circumstances where a person who has been convicted of a crime may seek to have their conviction or sentence (or both) appealed.

Common grounds include:

Errors in applying the law
Improper admission or exclusion of evidence
Prosecutorial misconduct
Judicial errors during trial
Incorrect jury instructions
Constitutional rights violations
Ineffective assistance of counsel, where legally applicable
Sentencing errors

Every appeal is individually scrutinized with close attention to the details of a case, including the trial record and the relevant law that was used during the trial.

The Criminal Appeals Process

The criminal appeals process is governed by the procedural rules of the court and set timeframes.

While every case is different there are steps that are generally followed in an appeal.

Filing a notice of appeal.
Obtaining the trial court record and transcripts.
Reviewing the record for legal errors.
Preparing and filing appellate briefs.
Responding to the opposing party’s arguments.
Presenting oral argument if requested by the court.
Receiving the appellate court’s decision.

Every deadline has to be met and missing one could mean losing the right of appeal. It is essential to act fast and in the right way in such cases.

Possible Outcomes of a Criminal Appeal

Depending on the facts and legal issues involved, an appeal may result in:

Affirmation of the conviction
Reversal of the conviction
A new trial
Modification of the sentence
Remand for additional court proceedings

Each appeal is determined by the specific circumstances of the case including the facts and the law that were involved.

Why Appellate Representation Is Different

Unlike trial-level work, where evidence is presented before a jury to determine the facts of a case, an attorney’s work in an appeal involves a lot of legal research and written work as the attorney advocates in writing in the brief(s) filed with the appellate court. The appeals attorney also must review the entire trial record, including testimony, to make an argument regarding the law that was applied during the trial and how it was incorrectly applied.

Successful appellate advocacy often depends on:

Thorough legal research
Strong written briefs
Careful review of trial transcripts
Knowledge of appellate procedures
Effective oral advocacy when required

Attention to detail is essential to the Appellate Process.

Why You Should Act Quickly

Appeals in Washington are governed by strict filing deadlines and thus it is essential to act quickly in order to preserve your right to seek appellate review of your case.

Consulting an attorney promptly allows time to:

Preserve appellate rights
Obtain necessary court records
Review trial transcripts
Identify potential legal errors
Prepare persuasive appellate filings

By acting quickly, you will be able to protect your legal interests in the best way possible.

Why Choose Mcaleer Law?

At Mcaleer Law, we defend our clients throughout the entire criminal justice system, and evaluate each case to find the best way to protect their rights. Once we have decided the best course of action, we create an appeal that addresses the errors made in the trial, and argue the case in the appropriate appellate court.

Clients trust our firm because we provide:

Comprehensive case evaluations
Detailed review of trial records
Thorough legal research
Strategic appellate advocacy
Clear communication
Dedicated client representation

We are committed to utilizing every avenue of law to protect our clients.

Contact a Criminal Appeals Lawyer in Vancouver, WA

If you have a criminal case in which you believe error affected the outcome of your case, you should seek the advice of an experienced criminal appeals attorney as soon as possible. There are time limitations for filing an appeal. The attorney can review your case, explain your rights to appeal, and inform you whether an appeal is warranted.

Schedule a criminal appeals attorney consultation with Mcaleer Law today by calling (360) 334-6277. We offer free initial consultations in person or over the phone and would be happy to review your case with you to determine whether an appeal is warranted.