Des Moines Criminal Appeals Lawyer
Fighting for Your Justice with Appellate Expertise
Appeals and requests for post-conviction relief both occur after a conviction. At Branstad & Olson, we are ready to address your concerns about a prior trial or legal proceeding. Our Des Moines criminal appeal attorneys are often able to attack unfair judgments and sentences, with the goal of reversing the conviction completely, or reducing time in prison.
If there is enough evidence you have suffered an injustice, an appellate court may send your case back for a new trial or for re-sentencing. At Branstad & Olson, we are determined to tackle the most complex, challenging cases of appellate law, ensuring you received a truly fair trial.
Additionally, in Iowa, following a conviction by either trial or guilty plea, you may be able to file for post-conviction relief to correct errors in that trial or plea proceeding. This is an important right to ensure fairness and accuracy in all legal proceedings.
Call today at (515) 329-3100 to discuss your legal options with our Des Moines criminal appeals attorneys.
Challenging Unfair Convictions in Iowa
Although the IA court system is designed to give a fair trial to everyone, unfortunately, this is not always the case due to unintentional error or even intentional human bias. If you believe there was error in your original trial, you can request a higher court scrutinize the actions of the lower trial court to determine if a legal error occurred.
If the appellate judges decide that your trial was unfair, they may reverse the original decision or order a new trial. It is important to speak with an attorney right away if you believe a conviction was incorrect, as Iowa law limits the amount of time a person has to appeal.
The Des Moines criminal appeal lawyers at Branstad & Olson can answer questions regarding timing and likelihood of success in your appeal.
Understanding Appealable Issues in Iowa
Some common examples of errors addressed following a conviction and could be grounds for an appeal include:
- Perjury or other misconduct by witnesses or jurors
- Failures by prior defense counsel
- Prosecutor misconduct
- Change in witnesses’ stories following trial
- Trial court errors involving evidence admitted or the jury instructions used
- Sentence illegally exceeded the maximum length of time allowed under Iowa law or the maximum fine amount allowed under Iowa law
- Change in law after the verdict was entered
Appeals may cover a wide range of issues or questions. Call Branstad & Olson at (515) 329-3100 or fill out our online form today to get your questions answered from our Des Moines criminal appeal lawyers.
The Most Common Types of Post-Conviction Relief
While direct appeals can be effective, they only examine the existing record to find evidence of legal errors made in the trial. No new evidence can be submitted. However, other avenues of post-conviction relief offer alternatives to reversing a conviction or sentence that was entered in error.
Alternative types of post-judgment relief include:
Post-Conviction Relief
Post-conviction relief requests are often called the trial about the trial. These requests are filed to address issues including new evidence that was not available during the original trial, or errors committed by your prior lawyer.
Successful post-conviction rulings may completely reverse a conviction, or reduce the consequences of a conviction. Post-conviction applications have time limitations.
What is a Post-Conviction Petition?
A post-conviction petition is a legal document that allows a convicted individual to challenge their conviction after they have been sentenced. This document is typically filed in the same court where the conviction took place, and it contains arguments claiming that there was some sort of procedural error or constitutional violation during the original proceedings.
If successful, post-conviction petitions can lead to convictions being overturned or sentences being reduced. In most cases, individuals will need to hire an experienced appeals attorney to help them prepare and submit these petitions. Additionally, there are often strict deadlines for filing post-conviction petitions so it's important for individuals to act quickly if they believe their rights were violated during the original trial.
If you feel that your conviction should be overturned due to procedural errors or constitutional violations, a post-conviction petition may be the right course of action. Let our Des Moines criminal appeals lawyers assess yours or your loved one's case and determine if you are eligible to file a post-conviction petition.
Representation for Your Criminal Conviction Appeal in IA
Although appeals or post-conviction cases may be highly complex, at Branstad & Olson, our appeal attorneys in Des Moines, IA are ready to take on the challenge.
Need help with post-conviction relief in Iowa? Our Des Moines criminal appeal lawyers will tackle your case with rigor and fairness. Contact us at (515) 329-3100 today.
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"I wouldn't have known where to start with my case without her."
Christine is very knowledgeable and professional. I wouldn't have known where to start with my case without her.- Lamia N. -
"You will not find a more competent and approachable person to have lead you through the legal process, no matter the situation, than Christine and her office."
I was referred to Christine after a severe accident found me looking at serious charges that did not make sense. At our first meeting the thing that struck me the most and made my decision to have her represent me was the quiet confidence that she projected when we talked about the whole scenario. She was very upfront and very direct in her questions of what had happened. There was no arrogance or war stories about past cases. That confidence alone gave me more comfort over the next year as we worked through the court system and is what I believe led to the judge's decision. Christine's demeanor and intelligence alone would make her a good attorney but it is the coupling of her composure and knowledge of the law that make her a great attorney and a great friend years later. You will not find a more competent and approachable person to have lead you through the legal process, no matter the situation, than Christine and her office. I have used them exclusively since my accident and it is evident from being in multiple courtrooms and meeting rooms through the years that the entire legal community shows incredible respect and admiration for Christine and the ethics that she exhibits daily.
- Joel
Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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Reversed and Remanded Appeal - Administrative
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Reversed and Remanded Suppression Leading to Dismissal
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Not Guilty – Jury Trial Assault with Intent to Commit Sexual Abuse
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Not Guilty– Jury Trial Murder 1st Degree
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Not Guilty - Trial Vehicular Homicide
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Not Guilty– Jury Trial Murder 1st Degree