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Post-conviction Appeals and Motions

Do you feel that the judge or jury made an error in your criminal case? Do you feel there was something wrong with how the court handled the case or evidence? Contact a LawInfo Lead Counsel qualified criminal law lawyer now to help you file the necessary writs and appeals for your post conviction relief.

A defendant who is found guilty of some or all charges is entitled to an appeal to at least one level of appellate court. All states with the death penalty provide for automatic appeal of cases involving a death sentence. Appeals may be subject to the discretion of the appellate court and may be granted only on acceptance of a defendant's petition for a writ of certiorari. Prisoners may also appeal their sentences through civil rights petitions and writs of habeas corpus where they claim unlawful detention.

Most states have a multi-level appellate system, with a middle level appeals court hearing appeals directly from the trial courts. The highest level appellate courts (often, but not always, called the "Supreme Court") hears appeals from the middle level appeals court. Often appeals from the middle level appeals courts to the highest level court are optional, and the defendant is required to petition for the right to appeal.

There are many potential grounds for appeal from a verdict of guilty in a criminal case including legal error committed at any stage of the criminal justice process. Legal error may include:

• Allowing inadmissible evidence, including evidence obtained in violation of the defendant’s constitutional rights.
• Lack of sufficient evidence to support a verdict of guilty.
• Mistakes in the judge’s charge to the jury.

A verdict may also be appealed due to misconduct on behalf of the jurors.

In addition to appeals, defendants may also file various motions, or requests to their sentencing judge to have sentences modified, or for other relief. See Writs and Appeals for more information on common writs and appeals that are filed with the courts.

Should I hire a Criminal Lawyer?

Do you believe your verdict was an error? Or, do you feel your sentence should be modified? Contact a LawInfo Lead Counsel qualified criminal lawyer who specializes in appeals and post-conviction relief to find out what your options may be.

APPEALS ALERT! If you, or someone you love, were sentenced after 1998 (if the conviction was appealed) or after 2000 (if there was no appeal) the new United States Supreme Court decision in Blakely v. Washington may provide a second chance to review your sentence! Visit AppealsAndWrits.com for detailed information on this decision. Contact a LawInfo Lead Counsel qualified criminal lawyer to see if reviewing your sentence under this new Supreme Court decision would serve your best interests.

Criminal Law - Information

Follow the links below for general information on criminal law:

• Criminal Defense Lawyer Specialties
• Felonies and Misdemeanors
• Federal Crimes
• Drugs and Narcotics
• Drunk Driving Defense
• Juvenile Law
• Juvenile Justice System
• Three Strikes Rule
• Traffic Violations
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• Expungements and Executive Clemency

Criminal Justice - Process

Follow the links below for additional information on the criminal justice process:

• The Criminal Justice Process – general outline
• The Arrest
• The Initial Hearing—Prosecution and Pretrial Services
• The Bail Hearing
• The Arraignment
• Plea Negotiations
• The Trial
• The Verdict
• Pre-sentence Investigations and Reports
• Sentencing and Sanctions
• Writs and Appeals
• Corrections

To find a Post-Conviction Appeals Attorney in your area, please select a state below:

Related Post-Conviction Appeals Information