Seattle Lawyer for Sex Crime Appeals

If you've been found guilty at trial, you're likely experiencing a range of emotions and questions about what comes next. At Marshall & Saunders, we understand how overwhelming this situation can be. For decades, our firm has helped many clients navigate the complexities of appeals in Washington's state and federal courts.

Building a successful appeal requires identifying specific legal errors that occurred during your case. As experienced appellate lawyers who specialize in sex crimes and domestic violence cases, we can search the record of your trial and pre-trial proceedings for errors that could win your appeal.

Important Appeal Deadlines

An important note: In state, federal, and administrative courts, the deadlines for filing an appeal are rigorously enforced. If you are considering appealing, do not hesitate to contact a sex crime appeals specialist. If you miss the deadline, you will probably lose your rights to appeal forever.

Generally, appeals must be filed within ten days of conviction in federal court and within 30 days of conviction in Washington state court. An appeal of a Washington Child Protective Services finding also has a 30-day time limit. But don’t wait. Help is only a quick phone call away.

Understanding Your Options After Trial

While many criminal convictions result from plea agreements, those who have lost at trial often have important appellate options to consider. Our experienced appellate lawyers can help evaluate whether pursuing an appeal makes sense in your case. Whether your conviction resulted from sex offense charges, child pornography allegations, or any other serious accusation, we can help you understand your post-conviction options.

Please note that we can evaluate your appeal options even if we didn’t represent you during the trial. Most of our appeals clients were represented by other law firms during trial.  

Structure of Washington's Court System

Criminal cases in Washington begin in the superior courts, district courts, and municipal courts that operate locally throughout the state. If you're considering appealing a verdict, the path depends on where your original case was heard:

• Superior court verdicts can be appealed to the Court of Appeals.
• District court cases can be appealed to the Superior Court.
• Court of Appeals decisions may be reviewed by the Washington Supreme Court (but the Supreme Court only chooses to review a small number of cases per year).

For criminal trials heard in Washington’s federal district courts, appeals go to the United States Court of Appeals for the Ninth Circuit. Appeals from the Ninth Circuit go directly to the United States Supreme Court.

Appeals Process

An appeal reviews what happened during trial and pre-trial proceedings — no new evidence is presented. Instead, the appeal focuses on legal errors that may have occurred, such as:

• Incorrect jury instructions
• Improperly admitted evidence
• Constitutional violations
• Ineffective assistance of counsel
• Illegal searches and seizures
• Improperly obtained confessions

The court of appeals generally does not ask itself whether the jury made the right decision. Instead, it reads the transcript of the trial and the documents attorneys filed in the trial court to see whether the trial was conducted properly and you received a fair trial.

If the court of appeals decides you did not get a fair trial, it may order that you be granted a new trial, which would take place back at the county level.

Personal Restraint Petitions: An Alternative to Appeals

A Personal Restraint Petition (PRP), which can be considered a form of habeas corpus petition, offers different opportunities for post-conviction relief. Unlike appeals, PRPs can:

• Present new evidence.
• Show errors that don't appear in the trial court record.
• Show that your trial attorney did not represent you competently.

PRPs can be particularly valuable when new evidence emerges. While many people file PRPs after exhausting their appeals, court rules allow you to pursue a PRP independently of an appeal.

Federal Habeas Corpus Proceedings

Federal courts can review state convictions through habeas corpus proceedings. These reviews focus on constitutional violations and require showing that:

• Constitutional rights were violated.
• State court decisions contradicted clearly established federal law.
• State remedies have been exhausted.

Success in federal habeas corpus cases requires detailed knowledge of complex procedural rules and constitutional law principles.