Criminal Appeals
Criminal Appeals
Challenge Your Conviction with Experienced Criminal Appeals Counsel
Whether you’re fighting a federal conviction or seeking relief in North Carolina or Tennessee courts, criminal appeals provide a vital second chance to correct injustices and procedural errors if you have the right lawyer in your court.
>Jump to Section for Custom Details
Federal Criminal Appeals
A federal criminal appeal is your first opportunity to ask a higher court to review the legal record of your federal case for errors, constitutional violations, or sentencing mistakes that could overturn or reduce your conviction.
-
Step-by-Step Process:
Determine Your Appellate Court – Appeal directly to the U.S. Circuit Court covering your district (there are 13 circuits).
File Notice of Appeal – You must file a Notice of Appeal within 14 days of the judgment to preserve your right.
Address Missed Notices – If no notice was filed and valid grounds existed, that failure itself can form the basis of an ineffective-assistance claim and post-conviction relief.
Identify Appealable Issues – You may challenge any preserved trial objections and fundamental constitutional errors; if you pled guilty, most direct appeals are waived but ineffective-assistance claims can proceed via § 2255/2241/2254 motions.
File Your Appellate Brief - Argue all the appealable issues we can find.
Reply to the Government’s Response - Offer counterarguments to the government’s arguments offered in their appellate brief.
Oral Argument (If chosen and granted) - If The appeals court allows it, we will argue for your case orally in front of the appellate court.
Judicial Opinion - Wait on the court of appeals to issue their opinion, either affirming,, remanding, or reversing the trial court.
Next Steps - If denied, decide if you want to file a writ of certiorari for review by the US Supreme Court
-
Must be filed within 14 days of your case becoming “final.”
Deadlines are strict—missing them can forfeit your right to appeal. We will ensure your deadline is met.
-
Trial Errors: Anything your original attorney objected to on the record (e.g., bad evidence rulings).
Fundamental Rights: Errors against basic liberties or even unpreserved issues like jurisdiction or double-jeopardy.
Guilty Pleas: By pleading guilty, you generally forfeit most direct-appeal rights—but you can still challenge deficient legal representation through a collateral post-conviction petition (e.g., 28 U.S.C. § 2255).
Bring a fresh perspective for your criminal appeal.
Schedule a confidential consultation today and we might be able to spot issues your original trial team missed.
State Criminal Appeals
After a state conviction, you can challenge the verdict by filing a criminal appeal—a review of the original court’s procedures and rulings, not a retrial—and success hinges on clear, precise arguments coupled with strict adherence to each state’s procedural rules.
-
Step-by-Step Process:
File Notice of Appeal – Submit your Notice of Appeal in the trial court by the strict deadline (usually 14–30 days) to preserve your right to challenge the conviction.
Secure Appellate Record – Gather transcripts, pleadings, motions, orders, exhibits, and other trial materials for the court’s review.
File Your Brief – Draft and file a concise written brief outlining the legal errors, supporting authorities, and why the conviction should be overturned or modified.
State’s Response & Reply Brief – The prosecutor files its appellee’s brief; you may file a short reply to address any new arguments.
Oral Argument (Optional) – Request to present your case in person and answer judges’ questions if you wish and the court allows it.
Await Decision & Next Steps – The appellate court issues its opinion (affirm, reverse, modify, or remand); discuss further review or post‐conviction options with your attorney.
-
Our firm’s primary focus is on state appeals in Tennessee and North Carolina—where our deep, local expertise ensures the strongest possible advocacy. We’re also equipped to represent clients in other jurisdictions on a case-by-case basis. Please contact us for further discussion.
We Offer the Tennessee Appellate Counsel You Need
Tennessee criminal appeals ask the Court of Criminal Appeals (or Supreme Court in capital cases) to correct legal errors—without retrying your case—and with a strict 30-day filing deadline and complex procedures, you’ll need skilled appellate counsel to guide you.
-
Step-by-Step Process:
File Notice of Appeal – Submit your Notice of Appeal in the Tennessee trial court within 30 days of the final judgment to preserve your right.
Secure Appellate Record –Lodge the trial transcript or statement of evidence within 60 days; the court then forwards the full record to the Tennessee Court of Criminal Appeals within 45 days.
File Your Brief – Draft and file your appellant’s brief with the Tennessee Court of Criminal Appeals within 30 days of the record’s filing.
State’s Response & Reply Brief –The State files its appellee’s brief within 30 days; you may file a short reply under Tennessee appellate rules.
Oral Argument (Optional) – Petition for oral argument before the Tennessee Court of Criminal Appeals if you wish.
Await Decision & Next Steps – The court issues its opinion; consult your attorney on Tennessee Supreme Court review or post-conviction relief.
-
Appeals are confined to the trial record—no new evidence is allowed.
Legal questions are typically reviewed “de novo” (fresh), but factual findings usually carry an “abuse of discretion” standard.
Briefs must comply with Tenn. R. App. P. 27 (page-limits, formatting, citations); non-compliance can lead to sanctions or outright dismissal.
After the CCA issues its opinion, you have a limited window to seek permission to appeal to the Tennessee Supreme Court.
-
We leverage deep Tennessee appellate experience—so your Notice of Appeal and briefs are done right, and filed within the strict 30-day window.
We pinpoint preserved trial errors and core constitutional defects under Tennessee law to maximize your grounds for relief.
We manage every detail—from transcript coordination to brief drafting—so you experience a seamless, stress-free process.
We bring a fresh, dedicated appellate perspective—dedicated counsel reviews your case with the laser focus appeals demand.
Unlock Experienced Tennessee appellate representation—painstakingly researched briefs, preserved constitutional errors, and seamless case management tailored to your criminal appeal.
Navigate Complex NC Deadlines with Confidence
North Carolina appeals demand a strict 14-day notice and a complex record-preparation timeline—Adam Rodrigues’ deep knowledge of N.C. appellate rules ensures you never miss a critical step.
-
Step-by-Step Process:
File Notice of Appeal – File in the trial court within 14 days of the final judgment (N.C. R. App. P. 4(a)) to preserve your right.
Secure Appellate Record –Order your transcript within 14 days of appeal notice; serve and agree upon the record within 90 days; file it by day 15 after agreement (N.C. R. App. P. 7(e), 11).
File Appellant's Brief – Draft and file your brief within 30 days of the record’s filing (extensions common), outlining errors and legal authority.
State’s Response & Reply Brief – The State files its appellee’s brief in 30 days; you may file a reply within 14 days.
Oral Argument (Optional) – Petition for oral argument before the North Carolina Court of Appeals if you wish.
Await Decision & Next Steps: The Court issues its opinion; consult on Supreme Court review or Motion for Appropriate Relief (MAR).
-
Direct appeals after a guilty plea are limited, so pursuing a Motion for Appropriate Relief often offers a clearer path to relief.
Death-penalty cases bypass the Court of Appeals and go directly to the North Carolina Supreme Court.
Missing any deadline or misfiling your record can forfeit your appeal, so precision is essential.
-
We leverage deep North Carolina appellate experience—so every notice, brief, and procedural requirement is handled under NC rules.
We track and meet strict deadlines and complex steps—from filing your appeal to securing the record—to preserve your right to challenge.
We pinpoint preserved trial errors and core constitutional defects to maximize your grounds for relief.
We bring a fresh, dedicated appellate perspective—dedicated counsel reviews your case with the laser focus appeals demand.
