QUESTIONS & ANSWERS
Frequently Asked Questions About Appeals
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…
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…
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…
Do I get to present new evidence on appeal?
No. Direct appeals are limited to the existing record. New evidence, recantations, or details of ineffective assistance of counsel that are not part of the record are generally addressed in post-conviction proceedings. Examples include a Motion for Appropriate Relief or…
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…
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…
Frequently Asked Questions About Post Conviction Litigation
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…
What counts as “newly discovered evidence”?
For evidence to be considered “new” in a legal context, it generally needs to meet specific criteria: it must not have been available at the original trial despite diligent effort, it must be material (not merely repetitive), and it must…
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…
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.…
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