Appeals & Post Convictions

Criminal Appeals:

A defendant is granted the right of appeal by statute to the court of appeals in all criminal cases except under certain limited circumstances. These circumstances can include situations where the defendant has pled guilty pursuant to a plea bargain agreement which is approved and followed by the trial court, or where only a small fine has been assessed against the defendant. However, even with a guilty plea, there are several options including a motion for new trial or a writ of habeas corpus. Sometimes, the best thing for a person convicted of a crime is to have a “fresh set of eyes” reviewing their case. Barry Sands has over 20 years of criminal law experience and will carefully examine the trial transcript and review the evidence that was established in your case.

Writs:

In a direct appeal, the Courts of Appeals can consider only "record" evidence - that which was presented at trial. In a writ of habeas corpus, the courts will consider only constitutional issues, but additional evidence can be presented. Proper investigation is absolutely necessary for a successful writ of habeas corpus. Issues for writs of habeas corpus can include ineffective assistance of counsel, failure to investigate, prosecutorial misconduct, and due process violations.

If you have been convicted of a crime and wish to appeal the decision, contact Mr. Sands today and speak with him about your matter by using our convenient contact form or by calling his office at (877) BGS-CRIMLYR (877-247-2746)