A conviction in court is not always the end of a legal battle. In the state of Washington, you may have the option to appeal a criminal conviction, whether it came from a jury or as the result of a guilty plea. The appeals process is complex, but it can be a path to having your conviction overturned. This guide provides a brief overview of how criminal appeals work in Washington.

If you have been convicted of a crime and are considering an appeal, you should seek personalized advice from an experienced appeals attorney.

Convicted defendants are sometimes able to have a conviction by a jury overturned by an appellate court.

On What Grounds Can a Conviction Be Appealed?

If a jury found you guilty, you can appeal the conviction if you can prove that there were legal errors in your case. An appeal is not a “do-over” or a chance to re-argue the facts of your case. Instead, it is a review of the original trial to determine if any mistakes were made.

You may be able to appeal a criminal conviction if:

  • The trial court made a legal error.
  • The trial was not conducted fairly.
  • Your legal rights were violated.

The Steps to Appeal a Conviction

Appealing a criminal conviction in Washington involves a specific, four-step process:

  1. Notice of Appeal: You must file a notice of appeal with the appellate court that has jurisdiction over your case. This must be done within 30 days of your conviction.
  2. Filing of Briefs: Your attorney will file a legal brief with the court that explains the grounds for your appeal and the outcome you are seeking.
  3. Oral Argument: Your lawyer will present your case and arguments before a panel of appellate judges, who may ask questions of both sides.
  4. Decision: After the oral arguments, the appellate court will issue a decision, which can take a year or two to be finalized.

If you choose to appeal a criminal conviction, you must prove that there were mistakes in the legal process or in the way the law was applied in your case.

Can You Appeal a Guilty Plea?

Appealing a conviction that resulted from a guilty plea is significantly more difficult. When you accept a guilty plea, the judge is required to inform you that you are giving up a number of rights, including the right to an appeal.

You may only be able to pursue an appeal if you can prove that you were misinformed or that you did not understand the consequences of your guilty plea. It is crucial to consult with an experienced appeals attorney to determine if you have a viable case.

A defendant should understand that he or she will not be allowed to introduce any new evidence or try a new defense strategy.

What Can an Appellate Court Do?

When an appellate court reviews your case, it has three possible outcomes:

  • Affirm the conviction: The court can uphold the original conviction and reject the appeal. You may have the option to appeal to a higher court.
  • Remand the case: The court can send the case back to the trial court for additional proceedings. This might happen, for example, if you were convicted properly but sentenced improperly.
  • Reverse the conviction: The court can overturn your conviction and return the case to the trial court for a new trial.

You must start the appeal process with a defense attorney's help, and you must specifically and clearly tell your attorney to file a notice of appeal - or find another attorney to file the notice.

The Importance of Legal Counsel

The appeals process requires a different set of legal skills than a trial. A trial lawyer’s primary role is to persuade a jury, while an appeals attorney’s focus is on legal research and written arguments. An appeals lawyer will meticulously review your trial transcript and present a case based on legal principles.

If you are considering an appeal, it is vital to retain an attorney with specific experience in appellate courts. You have only 30 days from your conviction to file a notice of appeal, so you must act immediately.