Appeals and Post-Conviction Relief
The criminal defense lawyers at Black Law represent people in Seattle and all over Washington State in appellate proceedings. A criminal conviction or an adverse agency action can frequently be overturned on the basis of an error made by the court, the prosecution, or even defense counsel. The process of having the ruling of a lower court reviewed by a higher court is called an appeal. The law is constantly changing and it is not at all uncommon for a trial court or an administrative tribunal to make an erroneous legal ruling. An experienced Seattle defense attorney can quickly spot mistakes made during proceedings before lower tribunals and have erroneous rulings reversed on appeal. Our attorneys have experience handling appeals in appellate courts and administrative appellate bodies.Make the Most of Your Appeal by Retaining a Knowledgeable Appeals Attorney
If you have been convicted of a crime by a state or federal court you have the right to have your conviction reviewed on appeal. State convictions are typically reviewed in the Washington Court of Appeals and federal convictions are reviewed in the United States Court of Appeals for the Ninth Circuit. Our Seattle appeals lawyers have experience handling state and federal appeals in the Washington Court of Appeals, the Washington State Supreme Court, and the United States Court of Appeals for the Ninth Circuit. Our lawyers also handle appeals from courts of limited jurisdiction (district or municipal courts) to the Superior Court under the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (“RALJ”).
The Washington Administrative Procedure Act provides for judicial review of adverse agency actions. If you have been adversely affected by the action of a state agency, like the Department of Licensing, the Department of Health, or the Department of Social and Health Services, you have the right to have the agency’s decision reviewed by a court. The decisions of federal agencies are reviewed by the federal courts. Our attorneys have handled administrative cases before the Board of Immigration Appeals and the federal Court of Appeals for the Ninth Circuit.
Even after if a lower appellate court denies an appeal, there is still hope. A petition for review can be filed in the Washington Supreme Court or a petition for a writ of certiorari may be filed in the United States Supreme Court.
Post-conviction relief or collateral attack may also be an option. After the time for appeal has expired or an initial appeal has been exhausted, a conviction may be collaterally attacked based on constitutional grounds, changes in law or newly discovered evidence. A state conviction can be challenged in the trial court pursuant to Criminal Rule 7.8 or in the Court of Appeals by way of a personal restraint petition. A federal conviction can be attacked by way of a federal habeas corpus petition pursuant to 28 U.S.C. § 2255 or a petition for a writ of coram nobis. Our attorneys have years of experience litigating post-conviction cases in the state and federal courts and know what it takes to get a conviction reversed.Retain an Experienced Appellate Lawyer in Seattle to Assist with Your Appeal
Appeals and requests for post-conviction relief can be complicated. There are strict time limits and tricky procedural requirements, and complex legal issues are frequently involved. Our attorneys are well-acquainted with appellate procedures in state and federal courts, and know how to identify and present the strongest arguments on appeal. Our Seattle appeals lawyers have successfully represented many clients in appeals and post-conviction cases, including clients who have sought post-conviction relief to avoid adverse immigration consequences. Retain a Seattle defense lawyer for assistance with your criminal appeal or administrative appeal today. We represent people in Seattle, Tacoma, Everett, Kent, and Bellevue, among other areas of King, Pierce, and Snohomish Counties. Do not hesitate to call (206) 623-1604 or contact us online to schedule a free appointment to discuss your case with us. We are also available to represent Washington residents who need a drug crime attorney or guidance in other criminal matters.