Post Conviction Relief : Introduction
The juridical process does not end immediately even after the conviction of a criminal case. Being pronounced guilty of a felonious crime is indeed serious but you still have the right to appeal. However, you must not let a long time pass because you can only file a motion for appeal within 30 days. Prior to hiring a trial attorney, it is significant to clarify if he does appeals or criminal record sealing
. The information below explains the processes involved when it comes to appeals, the court procedures, and legal terms of an appeal.
The Definition of Appeal
- An appeal refers to a request to a higher court to reexamine and if possible, revoke the decision of the lower court. It is done to ask the higher court to review and determine if the trial court committed erroneous that can acquit the conviction.
- When an appeal is done, the defendant may opt to raise a formal objection against the trial decision, pre-trial motions ruling, sentencing decision, and even the conviction itself.
- Records and transcripts from the lower court will support the appeal’s outcome. The court will only look out for procedural and constitutional mistakes which happened during the trial.
- Criminal convictions without life sentences must direct their appeals using the Fast Track process. The appeal must not exceed 15 pages and it must contain all petitions of the appellant which will be presented before the Court.
- The Fast Track process may not be employed by a defendant convicted of a life sentence. In such case, an extensive and full-brief appeal must be filed.
- An appellate lawyer should review the legal documents, witness testimonies, judge’s ruling, and other significant matters which took place in the jury trial. Matters that have not been raised in the appeal will be permanently forfeited and may not be used by the defendant.
The Appellate Court of Nevada
All Appellate Courts uses strict standards to determine if the district court judge enforced a correct observance of law in the case. The Appellate Court does not take heed of testimonies or even retrial a case. The outcome of the appeal will be established from the trial or court proceeding’s written record. The Appellate Court commonly reviews claims such as:
- Incorrect rulings on admissibility of evidence
- Incorrect application of a law
- Incorrect application of a regulation
- Improper jury instructions
- Insufficient evidence to support the verdict
- A written notice of appeal should be filed and presented to the clerk of the court wherein the legal proceedings happened. It is strictly implemented that a defendant must file a notice of appeal within 30 days to the District Court Clerk. After the given time, no appeals will be accepted anymore.
- After the official filing of appeal, the transcripts and other recorded copies of the proceedings will be prepared. All involved parties will be informed after the complete filing of record with the Appellate Court. Starting from the date the record was filed, the appellate will be given 120 days to file an opening brief.
- The opening brief is a written argument specially prepared and forwarded by the attorney to the court. The brief elaborates the desired matters of the appellant as well as contradictions to the rulings or findings of the District Court.
- Once the opening brief’s issues have reached its designated recipient, the recipient can respond by filing an answering brief. Again, the appellant may file a reply brief.
- There are also instances wherein a panel of justices will allow both parties to narrate oral arguments. One of the panels will then prepare a decision which usually comes in the form of a written statement.
In olden times, “writ” means any letter formally written by a attorney but in modern law terminology, a writ refers to an issued order from the higher court aimed for a lower court or to an authorized government officials, for example, a prison warden.
Defendants are given opportunities to search for possible relevant writs from appellate judges meant for a trial court or a lower appellate court. Writs have many intricate elements but like appeals, they also require a detailed and meticulous record review. It is a wise decision to consult a lawyer to know the possibilities of taking writs.
Writ of Habeas Corpus
Writ of Habeas Corpus means challenging the validity of penalties or sentences given to the accused.
A writ of habeas corpus is a legal court order addressed to a person or an institution currently holding someone in detainment. Upon issuance of the order, the imprisoned individuals must be delivered to the court for a series of due processes.
Writs of habeas corpus are provided in many state constitutions primarily for the reason that the United States Constitution prohibits the government from declining writ proceedings except under special conditions.
The writ of habeas corpus then allows jailed defendants for a release from imprisonment. By the means of a writ, it can be ensured that individuals won’t be put behind bars for a long time.
Writ Versus Appeal
A defendant may draft a writ if he does not have consent to propose an appeal to the court.
Writs can only be applied to matters that are unclearly manifested in the record of the case itself. In a writ, the defendant may bring a formal complaint that he did not receive his 6th
amendment right to useful counsel assistance.
Any of the listed examples may rule out an appeal and instead justify a writ:
- The defense mistakenly wasn’t able to file a formal charge at the time of the alleged injustice.
- A final judgment has not been registered formally in the trial court but the party seeking the writ needs reprieve at once to prevent forms of injustice or deviation from rights.
- Writs are given more urgency than appeals, so defendants who feel aggrieved by actions of the trial judge may opt for writ to attain immediate assistance.
- The defendant has already filed an unsuccessful appeal (defendants may file multiple writs but may only file a single appeal). It must be remembered that one should not file a writ greatly resembling the unsuccessful appeal because the writ will be dismissed right away.
How a Lawyer Can Help
Both appeal and post-conviction writ are greatly beneficial to an accused individual. They open possibilities for useful defenses which can provide relief to convicted persons. However, the process of drafting and filing a appeal and post-conviction writ is confusing and technical process for someone who does not have an experience in doing so. By consulting a trained criminal defense appellate attorney, your case will be studied in order to look for ways in which your rights can be addressed and upheld. A criminal appeals lawyer will guide you through the process and assure you that every possible matter will be inspected and verified.
Attorney for Appeals
If revoking a criminal charge against your or a loved one, don’t hesitate to contact Goodman Law Group for a legal consultation wherein your possibilities of defense can be discussed. Ross Goodman is a highly-trained criminal defense attorney
who holds a credible familiarity with drafting, filing, and litigating criminal appeals.
Ross Goodman holds wealthy experiences which cover criminal appeals and writs. He concentrates on reversing and reducing appeals for the benefit of his clients. He also finds ways to send back an accused individual back into custody to await further trials after the filed appeals. By choosing Ross Goodman to manage your appeal, you will incur a reliable advocate with extensive record and vast legal opinions.