Kansas Criminal Appeals Lawyer

A criminal conviction can have far-reaching consequences, affecting employment, housing, and personal relationships. If you believe an error occurred during your trial, an appeal may be your chance to rectify the situation. You need a dedicated Kansas/Oklahoma appeals lawyer committed to providing aggressive and effective representation to help you achieve justice.

Our team of skilled appeals lawyers at Triad Legal is dedicated to advocating for justice and ensuring every client receives a fair and impartial review of their case. The appellate process is complex and challenging, but with our extensive knowledge of appellate law and our commitment to excellence, we strive to overturn wrongful convictions and secure favorable outcomes for our clients.

Criminal Appeals vs. Post-Conviction Relief

You should understand the distinction between an appeal and post-conviction relief (PCR) if you want to challenge your criminal conviction. An appeal is a legal process typically filed immediately after your conviction or sentencing in which a higher court reviews the decision of a lower court to determine if there were errors that could have affected the outcome of the case. It challenges legal errors during the trial process and seeks to reserve the conviction or modify the sentence based on legal errors.

Post-conviction relief focuses on issues that arose after the trial or could not be raised during the appeal. It is usually filed after the appeals process has been exhausted. PCR proceedings often involve a more in-depth examination of your case, including potential evidentiary hearings.

Parties in a Criminal Appeal

In a criminal appeal, the primary parties involved are:

Appellant: The defendant who is challenging the lower court’s decision

Appellee: The government or the state, represented by the prosecutor, who is defending the lower court’s position

While these are the primary parties, other individuals or entities may become involved in specific cases, such as:

Amicus curiae: This is a “friend of the court” who is not a party to the case but submits a brief to offer a perspective on the legal issues.

Victim’s advocate: In some jurisdictions, a victim’s advocate may participate in the appeal process to represent the victim’s interests.

Parties in a PCR Proceeding

In a PCR proceeding, the primary parties are:

Petitioner: The individual convicted of a crime who is seeking to overturn or modify the conviction or sentence

Respondent: Typically, the state, represented by the attorney general or district attorney’s office

Other potential parties involved in a PCR proceeding include:

The trial court: The original court where the conviction occurred might be involved in the PCR process.

Witnesses: Witnesses who can provide relevant information about the case may be called to testify.

Experts: In some cases, experts may be called to provide testimony on issues such as ineffective assistance of counsel or mental health.

Grounds for a Criminal Appeal or Post-Conviction Relief

Appeals and PCR offer avenues to challenge your criminal conviction. While they share some similarities, they differ in focus and timing.

Grounds for a Criminal Appeal

As discussed, appeals typically address errors that occurred during the trial process. Common grounds include:

Ineffective assistance of counsel: This may be the basis of an appeal if your criminal defense attorney’s performance was so deficient that it prejudiced the case.
Prosecutorial misconduct: This occurs when the prosecutor engages in misconduct that unfairly affects the outcome.
Evidentiary errors: This includes improper admission of evidence obtained illegally or that was irrelevant or prejudicial and improper exclusion of crucial evidence that impacted the outcome of your case.
Jury errors: This can involve cases where the judge provided incorrect or misleading instructions to the jury or jury misconduct, including inappropriate actions or outside influence by the jurors.
Sentencing errors: If you received an illegal or excessive sentence, you may have grounds for an appeal.
Denial of constitutional rights: This includes a violation of your rights, such as your right to a speedy trial, to counsel, or to confront your accusers.

Grounds for Post-Conviction Relief

PCR is often used to address issues that you could not raise on direct appeal. Common grounds include:

Newly discovered evidence: This includes evidence that was unavailable during your trial that could change the outcome.
Jurisdictional defects: If the court lacked authority to hear your case, you may be able to petition for PCR.
Violation of constitutional rights: These include violations that were not previously raised or fully developed on direct appeal.
Ineffective assistance of counsel: This can be a basis for both appeals and PCR, but it often requires more detailed evidence in PCR.

The Role of the Appellate Court

Appellate courts serve a critical function in the judicial system by reviewing decisions made by lower courts. They ensure that the law is applied correctly and consistently. Key roles of appellate courts include:

Correcting errors: The primary role of an appellate court is to identify and fix legal mistakes made by the lower court. These errors can include incorrect application of the law, improper admission of evidence, or denial of constitutional rights.

Establishing precedents: Appellate court decisions set legal precedents that guide lower courts in future cases, contributing to the development of the law.

Ensuring fairness: Appellate courts help ensure that the legal process is fair and impartial by reviewing the proceedings for irregularities.

Protecting constitutional rights: Appellate courts play a vital role in safeguarding individual rights by reviewing cases that raise constitutional issues.

Unlike trial courts, appellate courts do not hear new evidence or conduct trials. Instead, they review the legal record to determine whether any errors occurred.

The Criminal Appeals Process in Kansas and Oklahoma

Understanding the nuances of the appeals procedures in Kansas and Oklahoma is crucial if you are seeking to challenge a criminal conviction. Here is how the criminal appeals process works in these states:

Notice of appeal: You must file a notice of appeal with the trial court that issued the original judgment. The law in Kansas requires you to file a notice of appeal within 14 days of the court’s final judgement. Oklahoma law requires you to file such notice within ten days.

Preparation of the record: As the appellant, you are responsible for preparing and transmitting the record on appeal, including transcripts, exhibits, and other relevant documents, to the appellate court.

Briefs: Both parties submit written briefs to the appellate court. Your brief outlines the errors that warrant reversing or modifying the trial court’s decision. The appellee’s brief responds to these arguments, defending the lower court’s ruling.

Oral arguments: In some cases, the appellate court may schedule oral arguments, during which attorneys from both sides present their case and answer questions from a panel of judges.

Decision: The appellate court reviews the record, briefs, and oral arguments before issuing a written opinion. The court may affirm, reverse, modify, or remand the case for further proceedings.

Types of Criminal Appeals We Handle at Triad Legal

At Triad Legal, we specialize in a wide range of criminal appellate and PCR cases, ensuring that our clients get justice. Our areas of expertise include:

Appeals for Wrongful Convictions

A wrongful conviction is one of the gravest miscarriages of justice. Our team is dedicated to overturning wrongful convictions by:

Challenging insufficient evidence
Exposing false testimony
Addressing procedural errors

Sentencing Errors

Sentencing errors can result in excessively harsh or unjust sentences. We can help you appeal your sentence by:

Challenging excessive sentences
Identifying sentencing errors
Advocating for fair sentencing

Ineffective Assistance of Counsel

The right to effective legal representation is a cornerstone of the criminal justice system. When this right is violated, it can have serious consequences. We handle appeals based on ineffective assistance of counsel by:

Demonstrating inadequate representation
Proving prejudice

Constitutional Violations

Protecting your constitutional rights is a fundamental aspect of our appellate practice. We handle cases involving:

Fourth Amendment violations
Fifth Amendment violations
Sixth Amendment violations
Eighth Amendment violations

Our team of experienced appeals attorneys is dedicated to exploring all potential avenues for relief. Each state has specific appeals process rules, including formatting requirements for briefs and deadlines. Our appeals attorneys in Kansas and Oklahoma are familiar with each state’s requirements and will aggressively advocate for you. Contact us today to determine if you may be eligible to file an appeal.

Potential Outcomes of an Appeal

The outcome of an appeal can significantly impact your future. Here are the primary results of filing an appeal:

Affirmation: The appellate court agrees with the lower court’s decision, and the original verdict or sentence stands.

Reversal: The appellate court finds that the lower court made a significant error, overturning your conviction or sentence.

Remand: The case is returned to the lower court for further proceedings, such as a new trial or resentencing.

Modification: The appellate court changes the outcome, such as reducing your sentence without overturning the conviction.

Dismissal: In rare cases, the appellate court may dismiss your appeal if it lacks merit or was filed improperly.

Challenges in Appealing a Criminal Conviction in Kansas or Oklahoma

Appealing your criminal conviction is a complex process with significant hurdles. Some of the primary challenges include:

Strict deadlines and procedural rules: Kansas and Oklahoma have stringent procedural rules governing appeals, and failure to comply or missing crucial deadlines can result in the dismissal of your appeal.

Presumption of correctness: Appellate courts generally presume the lower court’s decision is correct, placing a heavy burden on you to prove otherwise.

Standard of review: Appellate courts often apply a deferential standard of review, meaning they are reluctant to overturn the trial court’s findings of fact.

Limited scope of review: Appellate courts typically only review legal errors, not factual determinations made by the jury.

Resource intensive: Appeals can be costly and time-consuming, requiring a significant financial investment.

Emotional toll: The appeals process can be emotionally draining for you and your family.

Preservation of error doctrine: You must raise specific objections during your trial to preserve an issue for appeal, and failure to do so can limit your grounds for an appeal.

Sentencing guidelines: Mandatory sentencing guidelines can restrict the ability to challenge a sentence on grounds of excessiveness. Retaining an experienced Kansas and Oklahoma appeals lawyer is crucial because sentencing guidelines vary by state and federal laws.

Overcoming these challenges requires a skilled appeals lawyer who understands the intricacies of the appellate process and will advocate for your rights. Our team at Triad Legal is committed to helping you get justice after a wrongful conviction or sentence.

Misconceptions About the Legal System

There are many misconceptions about the legal system and criminal defense procedures that can be detrimental to you if you are facing criminal charges. The most common ones include:

Misconception 1: If I Did Not Do It, I Will Not Be Convicted.

Reality: The burden of proof lies with the prosecution, but they do not need to prove your innocence beyond a reasonable doubt. Circumstantial evidence and witness testimony can often be enough to secure a conviction.

Misconception 2: I Can Handle My Case Myself.

Reality: Criminal law is complex, and self-representation is not recommended. Our experienced criminal defense lawyers can navigate the legal system, protect your rights, and build a strong defense.

Misconception 3: Plea Deals Are Always the Best Option.

Reality: While plea bargaining can be a strategic tool, weighing the potential benefits against the risks is essential. The attorneys at our Kansas and Oklahoma criminal defense and appeals law firm can help you evaluate the offer and determine the best course of action.

Misconception 4: The Police Are Always Fair.

Reality: Law enforcement officers are human and can make mistakes. You must be aware of your rights and consult with our criminal defense law firm as soon as possible after an arrest. We will work diligently to obtain the most favorable outcome possible so that you can reduce the need for an appeal later.

Why Choose Triad Legal?

Choosing the right appellate lawyer can make all the difference in the outcome of your case. Here are several reasons why clients trust our firm for their criminal appellate needs:

Extensive experience: Trevor Riddle and Sal Intagliata have decades of combined experience handling criminal appellate cases in Kansas and Oklahoma. We understand the nuances of appellate law and have a deep knowledge of the appellate courts in both states.

Personalized attention: We believe in providing personalized attention to each client. We take the time to understand your unique situation, answer your questions, and keep you informed throughout the appellate process.

Strong track record: Our firm has a proven track record of success in criminal appellate cases. We have achieved favorable outcomes for clients in many cases, from wrongful convictions to sentencing appeals.

Dedicated advocacy: We are dedicated advocates for our clients. We believe you deserve respect, mercy, and dignity. Our attorneys are passionate about seeking justice and are committed to pursuing every available avenue to achieve the best possible result for you.

Comprehensive legal services: Besides appellate representation, our firm offers a full range of criminal defense services, including crimes involving violence, theft, drugs, and fraud.

Flat fee: Our lawyers work on a flat fee basis. This means that you will know the cost of your defense upfront and will not face sticker shock or last-minute budgeting hurdles.

Triad Legal is committed to seeking justice by protecting your rights and providing you with the best defense. We will stand by your side from the pre-charge investigation to prosecution and through the appellate process. Do not face the criminal process alone.

The Importance of Timely Action

Timing is critical in the criminal appeals process. Missing filing deadlines or failing to take prompt action can jeopardize your ability to appeal. Here are some important considerations regarding timing:

Filing deadlines: As discussed, Kansas and Oklahoma have strict deadlines for filing a notice of appeal. It is essential that you do not miss these deadlines.

Preserving issues for appeal: To successfully appeal a case, it is crucial to preserve issues for appellate review. This involves making timely objections during the trial, filing appropriate motions, and ensuring the trial court record accurately reflects the issues raised. Our skilled appellate attorneys can provide guidance on preserving issues for appeal.

Post-trial motions: Filing post-trial motions can be an important step before pursuing an appeal in some cases. These motions can address issues such as correcting errors in the trial court’s judgment or seeking a new trial. Our appellate attorneys can advise whether post-trial motions are appropriate in your case.

How We Can Help You

Navigating the appellate process in Kansas or Oklahoma can be challenging, but our experienced attorneys are here to help. Here is how we can assist you:

Case evaluation: We offer comprehensive case evaluations to assess the merits of your appeal. During the assessment, we will review the trial court record, identify potential grounds for appeal, and provide you with an honest evaluation of your case.

Strategic planning: We develop a strategic plan tailored to your case’s specific facts and legal issues. This includes identifying key arguments, conducting legal research, and outlining the steps to pursue a successful appeal.

Record preparation: Our team ensures the trial court record is properly prepared and transmitted to the appellate court. We work diligently to compile all relevant documents, transcripts, and exhibits needed for the appeal.

Brief writing: We craft persuasive appellate briefs that clearly articulate the legal errors and present compelling arguments for reversing or modifying the trial court’s decision. Our briefs are well-researched, thoroughly argued, and meticulously written.

Oral argument: We provide robust and effective representation before the appellate judges if the court schedules oral arguments. We prepare thoroughly, anticipate questions, and present a compelling case on your behalf.

Ongoing support: We provide ongoing support and communication throughout the appeals process. We inform you of developments in your case, answer your questions, and provide guidance on the best course of action.

Contact Us Today

If you are considering an appeal or need legal representation for an ongoing appellate case, contact us today. Our experienced appellate attorneys in Kansas and Oklahoma are ready to provide expert guidance, compassionate support, and dedicated advocacy. Let us help you navigate the appellate process and pursue the justice you deserve.

Our Areas of Practice

Embezzlement
Drug Possession
Drug Distribution
Murder
Conspiracy
Assault & Battery
Child Abuse
Expungement
Burglary
Theft
Bank Fraud
Wire Fraud
Firearms Offenses
Rape
Sex Offenses
Solicitation
Manslaughter
Pornography
Domestic Battery
White Collar
Drug Paraphernalia
Robbery
Perjury
Computer Crimes
Obstruction