QUESTIONS & ANSWERS
Frequently Asked Questions About Appeals
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…
Can I appeal if I pled guilty?
Generally, a guilty plea waives most trial-related issues, but not all. You can challenge the plea’s legality (e.g., whether it was knowing and voluntary), jurisdictional defects, certain sentencing errors, and sometimes the constitutionality of statutes or conditions imposed. While written…
What if I lose my appeal—are there other options?
If your direct appeal concludes, several avenues may still be open. You might pursue a rehearing or discretionary review by a higher court, though strict deadlines apply. Beyond direct review, post-conviction remedies offer further options. These include a Motion for…
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…
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Frequently Asked Questions About Post Conviction Litigation
How expensive is post-conviction work, and why?
Post-conviction litigation at Blau | Hynson is a resource-intensive process, and we are highly selective in the cases we accept to ensure each receives dedicated attention. Clients should anticipate costs for transcripts, record assembly, investigation, expert consultations/testing, and substantial briefing.…
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…
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…
