The Justice Process: Post-Trial Actions

At the Brennan Defense, I understand that the end of your trial is not always the end of your case. My expertise includes the ability to handle any writ, appeal, pardon, or expungement that might be necessary in your case.

Appeals

If your case proceeded to trial, you were convicted, and you believe justice may not have been served, you have the right to appeal your conviction. After a felony conviction, you have 60 days from the date of sentencing in which you can file an appeal. If your appeal is not filed within this time, you may lose your right to appeal.

Unlike a trial, which focuses on the facts of what happened in your case, an appeal questions how the trial court applied the law to those facts or something that might have occurred, such as improper jury instructions, which caused an incorrect result in the trial verdict. As a result, successfully appealing a case requires a different type of skill and experience from that required to be a successful trial lawyer. My extensive experience handling appellate matters both as a former prosecutor and as a defense attorney ensures I have the advocacy skills needed to be an exceptional appellate attorney.

Motion for a New Trial

A motion for a new trial is available only after you have been convicted but before you have been sentenced. Unlike an appeal, which uses the trial record to examine the legal decision at trial, a motion for a new trial actually results in a completely new trial where I can start over and aggressively defend you.

A motion for a new trial can be appropriate in situations including but not limited to the following:

• You were absent from the trial proceedings for a long time
• There was jury, prosecutor, or judge misconduct
• We find newly-discovered evidence that would help your case
• You had other defense counsel in your trial that was ineffective
• A spectator in the case did something that affected the result

Writs

Writs of habeas corpus are generally seen as extraordinary remedies that are appropriate when you have no other option, not even an appeal. The purpose of a writ is to correct a trial court's mistake. While an appeal is based solely on the record made at trial, a writ can include evidence that may not have been introduced at trial. For example, the prosecutor may have had some evidence that would have exonerated you, and if they did not introduce it at trial and we find out later, filing a writ would be an appropriate action. Writs can also be used if you plead guilty to a crime and never went to trial.

In some cases, there may be errors that occurred at trial and errors that do not appear on the trial record. In these situations, it may be appropriate to file both an appeal and a writ.

Expungements and Pardons

Having a criminal conviction on your record can cause many problems, such as obtaining a new job or affecting your immigration status. In some cases, it is possible to seal juvenile records, have convictions dismissed from your record, or obtain a full pardon from the Governor or President. Please see our expungements and pardons page for more information about these important options.

Hire Experienced Criminal Lawyers

Even if you have already been convicted, you likely have options worth pursuing. I understand that every case is different, so when you come to my office for a consultation, I will examine what happened in your case and discuss your options. To schedule a free initial consultation, contact Brennan Defense today.