Appeals and Post Convictions

Criminal Appeals:

Defendants in criminal cases have the right to appeal, except in certain situations, such as when the defendant has pled guilty pursuant to a plea bargain agreement approved and followed by the trial court. However, even if the defendant has pled guilty, other options exist, such as a motion for new trial or a writ of habeas corpus.

Having a new attorney look over the case can be very beneficial. Mehlman TerBeek LLP has extensive criminal law experience and will carefully review the evidence and trial transcript in your case to determine whether these options are feasible for you.

Writs:

In a direct appeal, the court of appeals can consider only the evidence presented at trial. When a writ of habeas corpus is filed, the court considers only constitutional issues, but additional evidence can be presented. Proper investigation is required for a habeas corpus strategy to work; ineffective assistance of counsel, failure to investigate, prosecutorial misconduct, and due process violations can all be relevant.

If you have been convicted of a crime and wish to appeal the decision, contact Mehlman TerBeek LLP today via our online contact form or by calling 925-935-3575.