Appeals Attorney in Honolulu

Helping You Appeal Your Criminal Conviction

If you or a loved one has been convicted of a crime, I know that it can be frustrating and overwhelming. When you are feeling helpless, take comfort in the fact that judges and prosecutors make mistakes and by discovering these errors, your case can be benefited and you might even be able to turn things around. I can provide you with sound legal advice as you seek to appeal the conviction to obtain the best results. As an experienced Honolulu appeals attorney, I know your rights and can do what it takes to protect them.

Reasons to Appeal a Criminal Case

Listed below are three of the most common reasons for people who have been convicted of a crime to seek an appeal:

• Legal Error: legal errors can include lack of sufficient evidence to support a guilty verdict or improper admissions or exclusion of evidence
• Ineffective Legal Counsel: legal counsel can be considered ineffective when they failed to call a key witness, or relay a plea deal, or do anything that altered the outcome of the case
• Juror Misconduct: juror misconduct occurs when members of the jury break any rules set by the court – this includes abusing drugs and alcohol, inappropriate communication between jurors and other jurors, or witnesses, or attorneys, and more

It’s important to note that when you file and appeal, you must be able to prove that the grounds on which you are filing altered the outcome of your case.

Appeals Process

Anyone who has been convicted of a crime has the right to appeal, which essentially requests that a higher court overturn a previous decision because of legal or procedural error. Although you may be given a second chance to overcome your conviction, no new evidence can be introduced. The appellate court who handles the appeal, can only evaluate the evidence from the trial to determine whether the decision was made properly. If the defendant's appeal is successful, he or she can obtain a new trial or a dismissal of charges.

An overview of the appeals process:

• To begin the appeals process, the defendant must file a notice of appeal in the circuit or district court within 30 days of his or her verdict.
• The appellate court will review the case to find out if the conviction was indeed, incorrect. They will look for errors in transcripts, documents, evidence, proceedings, and briefs that were provided by the defense and the prosecution.
• The decision will be made by the court, who may read written arguments or participate in a discussion between the appellate lawyers and themselves.
• In an oral argument, both the prosecution and the defense are given about 15 minutes to present their case.

If the appellate court or the highest court in a state does not change the verdict or sentence, then a person may file for a "writ of certiorari". This document requests the Supreme Court to review the case; however, this only happens in rare instances. The Supreme Court will usually only hear cases if two or more courts have interpreted a law differently or there is an important legal principle at stake.

Need Legal Representation from a Honolulu Appeals Lawyer?

If you or a loved one has been convicted of a crime and would like to file an appeal, the presence of an aggressive and relentless attorney from my firm can make all the difference. As the court reviews your case to determine whether any appealable error exists, you are essentially being given a second opportunity to have your voice heard. As your Honolulu appeals lawyer, I can be by your side through the entire process. With more than 25 years of experience, I can help you present your case to the appeals court.