Criminal appeals
Criminal appeals and post-conviction petitions
For people convicted at trial or sentenced after a plea, and for the families who often make the first call. Honora handles the direct appeal, the sentence and the petitions that can come after both.
Direct appeals
The first appeal after a conviction at trial: errors in jury selection, in the evidence let in, in the instructions, or in whether the proof was enough.
Sentencing appeals
A sentence above what the law allows, a guideline read wrong, or a prior record counted that shouldn’t have been.
Post-conviction petitions
Claims the trial record can’t show: a defense lawyer who didn’t investigate, a plea taken without the full picture, evidence that was never turned over.
New evidence
A witness who recants, a new forensic test or records that surfaced late, raised in the court and the form the law allows.
For the family making the first call
Most first calls about a criminal appeal come from a parent, a spouse or a friend, and that’s welcome. Honora can explain the process and the deadlines to you. The decisions belong to the person convicted, though, and she will need to speak with them directly, usually on a legal call scheduled with the facility.
Please don’t send letters or documents about the facts of the case through this site. Once a legal call is arranged, the office will tell you what to send and how.
What families ask about a criminal appeal
Does filing an appeal get someone out of custody?
Not by itself. Release while an appeal is pending is a separate request, granted in a minority of cases, and it depends on the charge and the sentence.
Can you raise something the trial lawyer missed?
On direct appeal, mostly only what was raised at trial. A trial lawyer’s mistakes are usually raised later, in a post-conviction petition, where new evidence can be heard.
Is it too late if the appeal deadline passed?
Not always. Post-conviction petitions have their own time limits, which are longer, and claims based on new evidence have rules of their own. Call and ask before you assume it’s over.
Could an appeal make the sentence worse?
A successful appeal generally can’t be used to punish someone with a longer sentence, but a new trial carries risks of its own. Honora talks those through before anyone decides.
Ask whether the time to appeal has run
Have the date of the conviction or sentence, and the court, ready when you call.