QUESTIONS & ANSWERS
Frequently Asked Questions About Appeals
How long does a criminal appeal take?
Appeals typically span several months to over a year, depending on factors such as transcript preparation, briefing schedules, court backlogs, and whether oral arguments are scheduled. The process begins with compiling transcripts and the record after a notice of appeal…
What is a criminal appeal, and how is it different from a new trial?
An appeal is a legal review to determine whether the trial court made legal errors that affected the outcome of a criminal case by a court of higher jurisdiction. Appellate courts do not determine matters related to credibility, no new…
What does “no reversible error” mean?
When an appellate court affirms a conviction, it means that they found no reversible error in the original trial. In other words, any errors that may have occurred were deemed “harmless,” meaning they did not affect the outcome of the…
What can be appealed?
It’s important to note that factual disputes, such as determining who is credible or the true meaning of a witness’s statement, are rarely grounds for overturning a decision. Additionally, many arguments must have been preserved during the trial through timely…
What happens if I win my appeal?
When an appellate court issues an opinion, it may remand a case with specific instructions. The type of relief granted depends on the error identified. For instance, if a conviction is reversed due to a trial error, a new trial…
How long do I have to file a notice of appeal?
Appeals in North Carolina criminal cases often have short deadlines, typically 14 days from judgment for filing a notice of appeal. Federal timelines are equally strict. Missing this deadline can result in losing the right to direct appellate review. While…
Frequently Asked Questions About Post Conviction Litigation
How do I start the process with your firm?
Start by completing our Post-Conviction Support Application. This application gathers essential information, including facts, dates, and documents, which allows us to evaluate the merit, timeliness, and potential remedies for your case. Please note that submitting this application does not establish…
What is post-conviction relief?
Post-conviction relief involves challenging a conviction or sentence after a direct appeal (or if no appeal was filed). These challenges are typically based on constitutional violations, jurisdictional issues, or newly discovered evidence. In North Carolina, this process often takes the…
Are recantations enough to win?
Recantations alone are rarely sufficient for post-conviction relief. Courts approach them cautiously due to their potential unreliability. For a recantation to support relief, it must be credible, corroborated, and material. This means independent evidence should confirm the new account, the…
How long do I have to file a post-conviction motion?
Understanding the time limits for post-conviction relief is crucial, as they can prevent even strong cases from being heard. Federal Cases (28 U.S.C. § 2255 Motions): Generally, a one-year deadline applies, starting from the date the judgment becomes final. Limited…
What documents do you need to evaluate my post-conviction request?
To expedite and ensure the accuracy of your post-conviction assessment, please provide a comprehensive file including the following: Core Case Documents: Judgment Indictment Plea transcript (if applicable) Trial transcripts Written motions and orders Jury instructions Exhibits Sentencing materials Appellate Documents…
What relief can I get through post-conviction?
The type of relief available depends on the specific violation and the court involved. Common outcomes include: Vacatur: Counts may be vacated if there is insufficient or unlawful proof. New Trial: A new trial can be granted for fundamental errors…
