How to Appeal a Criminal Conviction in Las Vegas

How to Appeal a Criminal Conviction in Las Vegas

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A ruling of anything less than innocent is likely to leave the defendant in a criminal case dissatisfied with the outcome. If you, or your loved one, has been wrongfully convicted and are unhappy with the verdict of a criminal case in Las Vegas you need to appeal. You have options.

Escalating the case to a higher court, or appealing it, causes a review of a lower court’s judgment. It can assess any flaws and potentially could be grounds for overturning your verdict and conviction. In Las Vegas, Conviction Solutions is the leading criminal law appeals firm, offering sound legal advice on possibilities for your case. In this article we will discuss the appeals process and why choosing Conviction Solutions for your appeal in Las Vegas is a smart choice.

Appealing a Criminal Conviction

Navigating the appeals process can be a complex undertaking. Having a qualified and highly experienced Las Vegas appeals attorney by your side can increase your chances of success. Finding an attorney capable of demonstrating a successful track record when contesting criminal convictions is crucial. Anyone can file an appeal, but it takes special care and attention to be successful.

When an attorney takes an appeals case they should review the case facts, court records, and all the circumstances surrounding the case. When an attorney takes an appeals case, they ought to look for any issues raised on request, such as whether the trial court lacked jurisdiction to rule on the case or if the judge had allowed improper evidence to be admitted against the defense. Other significant issues could have arisen if the court misinterpreted a law or regulation. The court could have given the jury improper jury instructions by allowing the case to go to the jury when it should have been dismissed due to insufficient evidence. This would have resulted in the court giving the defendant an unfitting sentence or punishment.

During the review, your appeals attorney will be compiling an argument as to why your case deserves a review by a higher court, and ultimately a new verdict.

Filing a Notice of Appeal 

The filing of a notice of appeal for criminal conviction in the district court is the first step in any appeal. The notice of appeal must be submitted within 30 days of receiving the written notice of entry of the contested judgment or decree.

4(a) of the NRAP (1). The facts stated in NRAP 3(c), including each district court order being appealed, must be included in the notice of appeal.

In addition, the appealing party must file a case appeal statement in the district court, which contains basic information about the case. The case appeal statement must include the material in NRAP 3(f) (3) and follow the structure of Form 2 in the NRAP Appendix of Forms in large part [3(f) of the NRAP (4)].

Fees for Filing an Appeal

The fee for filing an appeal to the Supreme Court of Nevada is $250. The fee is paid to the district court clerk when the notice of appeal and case appeal statement are filed [NRAP 3(e)]. In addition to the filing fee attorney fees will be required for the time needed to review the case and create the proper documentation.  Criminal appeals do not have a filing fee. 

Docketing

The appeal notice, case appeal statement, and filing fee will be sent to the Supreme Court Clerk by the district court clerk [NRAP 3(g)(1)]. The Supreme Court Clerk will then docket the appeal and notify the parties of the date of docketing and the case number of the appellate [NRAP 12 (a)].

Transcripts of District Courts

It is the responsibility of the party to discuss whether district court transcripts are required for the appeal [9(a) (1) of the NRAP (A)]. To obtain transcripts, the appellant must submit a transcript request form that includes the information required by NRAP 9(a)(3)(C)(i)-(v) and generally conforms to Form 3 in the NRAP Appendix of Forms [NRAP 9(a)(3)(C)]. Within 14 days after the docketing date, the appellant must file the original transcript request form with the district court clerk and a file-stamped duplicate of the transcript request form with the Supreme Court Clerk [9(a)(3) of the NRAP (A)]. If all essential transcripts have been received, a certification stating no transcript is required should be filed [Form 14 and NRAP 9(a) (3)(C)].

At Conviction Solutions, our team of experienced appeal attorneys will ensure the proper process is followed and give your case the review it deserves.

Docketing Statement

Within 21 days of the docketing date, the appellant must file a docketing statement with the Supreme Court Clerk [NRAP 14(b)]. The docketing statement contains information on the jurisdiction and the issues on appeal, among other things. The docketing statement must follow the Supreme Court Clerk’s form.

Briefs and Appendices 

Unless the appellant is referred to the Supreme Court Settlement Program, the appellant’s opening brief must be filed within 120 days of the docketing date and must include the parts indicated in NRAP 28(a)(1)-(12) [31(a)(1) of the NRAP (A)]. After the appellant’s opening brief is served, the respondent must file a replying brief within 30 days [31(a)(1) of the NRAP (B)].

It is essential that all appropriate documentation be filed within the required deadlines to ensure that your appeal is processed, reviewed, and given the time and attention it deserves.

Oral Argument

The majority of appeals are resolved solely based on the briefs. The Supreme Court Clerk will notify the parties if the court judges that an oral argument is required [NRAP 34(a)]. At Conviction Solutions we are familiar and highly experienced in providing oral arguments for an appeal to criminal case convictions in higher courts.

Decision 

The designated appellate court will issue a public decision or an unpublished order in response to the appeal [36 NRAP (c)]. Often, the decision is written in legal jargon that can be confusing for defendants. We will take the time to explain what the decision means, and additional steps or options available to you in overturning your conviction.

Petitions for Post-Decisions

The losing party has 18 days after the Court of Appeals, or Supreme Court issues its ruling to submit a petition for rehearing [40(a) of the NRAP (1)]. Rehearing is only necessary if the court “missed or misunderstood” a key issue of law or fact [40(a) of the NRAP (2)]. Rehearing petitions must include the material in NRAP 40(a)(2) and follow the formatting guidelines in NRAP 40(b).

The losing party may petition the Supreme Court to reconsider the Court of Appeals’ ruling.  The Supreme Court must hear a petition for review within 18 days following the Court of Appeals’ judgment under Rule 36 or its decision on rehearing under Rule 40 [40B NRAP (c)].

Remittitur

When a remittitur is issued, the district court regains jurisdiction. Remittitur will be given 25 days after the court’s dispositive judgment or an order refusing a post-decision petition [NRAP 41].

Contact Conviction Solution for Free Consultation to Discuss Your Appeal

Receive a Free Consultation by the appeals team at Conviction Solutions. Because our legal team has been winning criminal and VA claims denial appeals for years, we are able to help you navigate this complex and often frustrating legal system. Our firm approaches criminal defense and civil rights issues with a winning mindset. 

Conclusion

It is extremely important to handle criminal conviction appeals in Las Vegas efficiently. The criminal appeals process in Las Vegas will be complicated if an experienced lawyer does not supervise it. Hence, it is imperative to hire a lawyer for criminal appeals. Put your trust in Conviction Solutions and find out how we can help you overturn your wrongful conviction.

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