How do I appeal a criminal conviction?
In Washington, appealing a criminal conviction from a lower court is a two-step process. First, you must file a Notice of Appeal with the court that handled the original criminal case (usually the District or Superior Court). This is done by filing a form, along with a written legal argument, with the Clerk of the Court. Once the Notice of Appeal is filed, the case is then transferred to the Washington Court of Appeals. At this stage, you have to file an Appellate Brief with the appellate court. This is a legal document that outlines your argument as to why the lower court decision should be overturned. You must communicate your argument in a clear and concise manner. In the brief you will detail any errors the lower court made, along with any misapplication of the law. After the Appellate Brief is filed, the appellate court will review it and determine whether or not a hearing is necessary. If a hearing is scheduled, you will be able to present your case in front of a three-judge panel. If the court decides in favor of your appeal, your criminal conviction will be overturned. Throughout the appeal process, it is always important to work with an experienced criminal defense lawyer. An experienced appellate lawyer will be able to provide guidance and ensure that all legal documents are filed correctly and in a timely manner.
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