Writs, Appeals, and Post-Conviction Relief

If you have endured the stress of a criminal trial, only to have a verdict returned against you, the outcome can seem devastating. Fortunately, you may have the opportunity to appeal your conviction and seek a reversal of the judgment with a knowledgeable lawyer to guide you. Reno criminal defense attorney William J. Routsis has guided Nevada and California residents through the appeals process for over 25 years. He is an accomplished trial lawyer and a dedicated advocate for defendants’ rights.

After a conviction, a defendant may appeal to a higher court for a further review of the evidence and proceedings to determine whether a reversible error was made. It is important to note that an appeal does not provide the defendant with a new trial or allow for the introduction of new evidence. However, there are many arguments upon which a defendant may base his or her appeal, most of which must be properly preserved for appeal on the trial record. For example, a defendant may contend on appeal that the evidence was not sufficient to prove his or her guilt beyond a reasonable doubt, that the judge erred in making an evidentiary ruling or erroneously applied the law, that the jury was provided with improper instructions, that the prosecution engaged in misconduct, or that the defendant was provided with ineffective assistance of counsel. If the appeals court finds in favor of the defendant, it may overturn the verdict and acquit the defendant, or it may order a new trial or sentencing hearing.

If a defendant loses an appeal and remains incarcerated, he or she may file a petition for a writ of habeas corpus within one year. A writ of habeas corpus is a court order directing a person, such as a prison warden, who is holding someone in custody to release the defendant to the court. In addition, defendants may seek other types of writs from appellate judges. Since writs are considered extraordinary remedies, they are permitted only when a defendant has no other remedy, such as an appeal. Some situations that may justify a writ are when the defense did not timely object to an alleged injustice when it occurred, or when a final judgment has not been entered by the trial court but is needed immediately to prevent an injustice or unnecessary expense.

If a jury or judge returns a guilty verdict against a defendant after a trial, the defendant may also make a motion for a new trial within the time provided by law. If the motion is granted, the defendant will be tried again in the same court. A judge may grant a motion for a new trial based on a number of grounds, including newly discovered evidence, jury misconduct, prosecutorial misconduct, judicial error, erroneous admission of evidence, insufficient evidence, perjury, and other reasons. In contrast to the appeals process, new evidence may be presented by the parties at a new trial.

A criminal conviction is a serious matter that may lead to any number of adverse consequences. Retaining a qualified attorney to appeal your conviction may be vital in producing a more favorable outcome or even having the verdict overturned. Reno criminal defense lawyer William J. Routsis represents individuals who have been charged with a variety of offenses. He serves residents of many areas in California and Nevada, including Carson City, Winnemuca, Elko, Quincy, Susanville, Lake Tahoe, and South Lake Tahoe. Call us at (775) 337-2609 or contact us online for a free consultation if you need a DUI lawyer or representation against charges of drug crimes, domestic violence, homicide, white-collar crimes, theft offenses, or more.