Appeals and Post-Conviction Relief

Have you already been convicted of a crime?  You may have the right to appeal.   An appeal is a process where you challenge your conviction in a higher court.  Specifically, if you were convicted in Justice Court, you can appeal to the District Court.  If you were convicted in District Court, you can appeal to the Nevada Supreme Court.  Appeals are available for misdemeanor, gross misdemeanor, and felony convictions.  Possible issues on appeal are:

  1. The judge made a mistake in denying one of the motions your attorney made;
  2.  There was not enough evidence to convict you of the charge;
  3. The judge erred in allowing certain evidence to come in against you; and/or
  4. The judge erred in failing to hold an evidentiary hearing.

On the other hand, post-conviction relief is the process where you go before the same judge who sentenced you.  A petition for post-conviction relief is usually filed after an appeal has been denied.  The most common argument is that your attorney was ineffective (did not represent you correctly).  Some possible claims are that:

  1. Your attorney failed to interview your witnesses;
  2. You attorney did not explain the consequences of pleading guilty; and/or
  3. Your attorney did not raise certain motions that would have assisted your defense.

Both appeals and post-conviction relief petitions have specific time periods in which they can be filed.  If you miss the deadline, you may not be able to get any relief. 

We have over 20 years of experience drafting appeals and post-conviction petitions.  You don’t need to worry about what issues to raise, we will visit you in prison to assist you.  The clock is ticking on your valuable rights.  Call us now to discuss your options.          

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