Criminal Appeal

Making a Criminal Appeal

Avoid going to jail and serving a long sentence with Robert L. Langford & Associates on your side. If you’re facing punishment for a serious crime, Mr. Langford can file a criminal appeal to petition the courts into acquitting you of the crime or reducing your jail sentence considerably. Mr. Langford is experienced in the process of writing an appeal and will help guide you throughout the process. Contact him in Las Vegas, Nevada, to receive assistance.

The Process of Writing an Appeal

An appeal is a request to a higher court to review and change the decision of a lower court. A criminal defendant challenging a conviction may contest the conviction itself or appeal the trial court’s sentencing decision without actually challenging the underlying conviction.

The appeal is based on the record and transcripts of what happened in the lower court. There is no new evidence presented and no new testimony heard. The appellate court will make its decision based on what happened in the lower court and on the arguments before the appellate court.

Expedited Process to Handle All Appeals

In the state of Nevada, there is only one appellate court, the Nevada Supreme Court. The Nevada Supreme Court reviews all appeals in the state. This means that the court has an extremely large caseload. In order to handle this large caseload, the court has established an expedited process for some criminal appeals.

The process of writing an appeal is lengthy and in depth. An attorney must go through every legal document filed, the testimony of every witness, and every ruling the trial judge made. This process is necessary in order to determine every significant issue that could be the basis for an appeal and can take a substantial amount of time.

What the Process Entails

To begin the appeal process, a written notice of appeal is filed with the clerk of the court in which the proceeding took place. In Nevada, a person must file a notice of appeal with the district court clerk within 30 days of the conclusion of the underlying case. Once a notice of appeal is filed, transcripts of the underlying proceedings are prepared. All parties are notified once the record on appeal has been filed with the appellate court.

From the date the record was filed, the appellant has a specified period of time within which to file an opening brief. In Nevada, the time is typically 120 days. A “brief” is a written argument that an attorney prepares for the court. It details the issues raised by the appellant, including challenges to the district court ruling or findings and refers to applicable statutes (laws) and previous case decisions to support a position. The respondent is then given an opportunity to file a brief in response and then the appellant may file a reply brief.

On some occasions, a panel of justices will hear oral arguments. A member of the panel will then prepare and file an opinion, which is a written statement of the court’s decision.