The worst-case scenario in criminal defense is to hear a jury come back with a guilty verdict. If that has happened to you or a loved one, you still have options, but these options for appeals are complicated and the deadlines for filing appropriate actions are strict. Call Hayes Law today for a case assessment to determine which options are available: direct appeal, post-conviction relief, or collateral review.
This is the most common type of appeal — a person convicted of a criminal offense has the right to have the case reviewed by a Court of Appeals to determine whether the trial court made any errors during the trial. Notice of Appeal must be filed within 30 days of the date of sentencing.
Attorneys at Hayes Law will obtain the transcripts from trial and utilize our 30 years of experience identifying legal errors that can be raised on appeal. There are a number of issues that may be raised on appeal, including: errors the trial judge made with regard to admitting or excluding certain pieces of evidence; ineffective assistance of defense counsel; prosecutorial misconduct; or that based on the weight of the evidence presented, no reasonable juror could arrive at the issued verdict.
We draft the brief. This is both a highly technical piece of legal analysis of appellate issues as well as a creative compilation of complex constitutional law, trial procedure, and advocacy. The judges read hundreds of briefs every year, making it essential to be written so that it stands out.
We advance our positions at the oral argument, which is an art that requires much preparation, experience, and skilled advocacy.
While direct appeals are limited to legal and factual issues that are in the trial court record, post-conviction relief is different. In post-conviction matters, we look for matters and issues that are not necessarily in the trial court record. Such issues might relate to newly discovered evidence, ineffective assistance of counsel (that is not in the record), and similar legal and factual issues that require additional investigation.
In whatever situation you may find yourself or a loved one, contact Hayes Law for a case assessment so that we may advise you of your post-conviction options.