Des Moines Criminal Appeals Lawyer
Protecting Your Rights Through the Appeals Process
Your case doesn’t have to end with conviction—both appeal and post-conviction relief can be options if you’ve been found guilty. At Branstad & Olson, we are ready to address your concerns about prior trials and legal proceedings. Our attorneys will attack unfair judgments and sentences, to either reverse the conviction completely or reduce prison time.”
If there is enough evidence that you have suffered an injustice, an appellate court may send your case back for a new trial or resentencing. At Branstad & Olson, we are determined to tackle the most challenging cases of appellate law, ensuring that you receive truly fair proceedings.
Additionally, after a conviction by trial or plea, you may be able to file for post-conviction relief. This process was designed to correct errors in your trial or plea proceeding. It is an important right that ensures fairness and accuracy in the legal system.
Think your conviction may have involved a legal error? Call Branstad & Olson today at (515) 329-3100 or contact us online to evaluate your case and protect your rights!
Challenging Unfair Convictions in Iowa
Although the Iowa court system strives to give everyone a fair trial, this is not always the case. The system does make mistakes, due to unintentional error or even human bias. If you believe there was an error in your original trial, you can request a higher court to scrutinize the actions of your trial court. They will determine if a mistake occurred in your case.
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 move quickly if you believe a conviction was incorrect because Iowa law limits the time a person has to appeal.
The lawyers at Branstad & Olson can answer questions regarding timing and the likelihood of success on appeal.
Understanding Appealable Issues in Iowa
Some common errors that could be grounds for 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 given
- Sentencing that exceeds maximum length of time or amount of fine allowed under Iowa law
- Change in law after the verdict was entered
Each of these factors can significantly impact the validity of a conviction. Our legal team is adept at identifying such issues and preparing strong arguments to present in appellate courts, focusing on each case's unique circumstances.
Don’t let a wrongful conviction define your future. Contact a trusted Des Moines criminal appeals lawyer at Branstad & Olson now to explore your options for appeal!
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 entered in error.
When pursuing post-conviction relief, it is crucial to understand the full range of options available. Each path requires careful consideration, from revisiting the trial for potential new evidence to addressing negligent legal representation. Our attorneys guide clients through these intricate processes, ensuring that all viable remedies are explored and utilized to their maximum potential, aiming for the most favorable result.
Alternative types of post-judgment relief include:
Post-Conviction Relief
Post-conviction relief requests, often called “the trial about the trial”, address issues with your original trial. These can include evidence that wasn’t available during your trial and errors made by your trial attorney.
Successful post-conviction rulings may completely reverse a conviction or reduce the consequences of the same. Post-conviction applications have time limitations.
Pardons
Pardons are difficult to obtain because they require the Iowa Governor or the U.S. President to grant them. If you have an unusually compelling request, Branstad & Olson can assist in gathering information and preparing your pardon application.
Successfully petitioning for a pardon involves presenting a comprehensive case demonstrating rehabilitation and compelling reasons why a pardon serves the interests of justice. Our firm provides strategic support, helping clients articulate their cases powerfully and persuasively to decision-makers.
Expungement
Certain cases may be expunged, including:
- Dismissed charges
- Not guilty verdicts
- Certain juvenile cases
- Certain older misdemeanors
- Completed deferred judgments
If you believe you have a case to expunge, contact Branstad & Olson to determine eligibility. If you had a charge dismissed as a former Branstad & Olson client, contact us– we make applications for former clients at no charge.
Understanding the expungement process is critical for those seeking a fresh start. Our lawyers work diligently to ensure our clients understand each step, providing transparency and confidence as they seek to clear their records.
Retrial
In the rare case where a juror or attorney has committed grievous misconduct during a trial, a retrial may be warranted. Grievous misconduct includes actions like altering evidence and committing criminal acts.
Retrials offer an opportunity to serve justice where initial proceedings were flawed. The judgment might hinge on addressing overlooked errors, ensuring the trial's integrity, and reexamining the case's facts under fair conditions.
What is a Post-Conviction Petition?
A post-conviction petition is a legal document that allows a convicted individual to challenge conviction after sentencing. Typically filed in the same court where the conviction took place, the document contains arguments about procedural error or constitutional violation in the original proceedings.
If successful, post-conviction petitions can lead to convictions being overturned or sentences being reduced. These petitions are complicated and usually require an experienced appeals attorney to be done right. There are often strict deadlines for filing post-conviction petitions, so individuals should act quickly if they believe their rights were violated at trial.
If you feel that you should have your conviction overturned or your sentence reduced due to error or violation, a post-conviction petition may be the right course of action. You can determine your eligibility for a post-conviction petition by letting our lawyers assess your case.
What to Expect in Des Moines Courts
When filing an appeal in Des Moines, it's essential to understand how local courts operate. The Iowa Court of Appeals handles the majority of appellate reviews in the state, allowing cases to be reviewed thoroughly. Our team leverages our in-depth understanding of these local procedures to represent our clients at every stage effectively. Being familiar with courtroom decorum and procedural nuances unique to Des Moines courts allows us to anticipate challenges and prepare meticulously for hearings, maximizing the potential for favorable outcomes.
Representation for Your Criminal Conviction Appeal in Iowa
Although appeals and post-conviction cases may be highly complex, our attorneys at Branstad & Olson are ready to take on the challenge.
Contact a trusted Des Moines criminal appeals lawyer at Branstad & Olson now to explore your options for appeal!
Frequently Asked Questions
How Much Time Do I Have to File an Appeal in Iowa?
In Iowa, you typically have 30 days from the court's final decision to file an appeal. Missing this deadline can forfeit your right to appeal, so it's critical to act promptly. We suggest contacting an attorney immediately after any potential grounds for appeal are recognized to ensure all procedural deadlines are met, preserving your legal rights.
Can New Evidence Be Introduced During an Appeal?
Generally, appeals focus on errors made during the trial rather than introducing new evidence. However, if significant new evidence emerges post-trial that could not have been presented earlier, it may become relevant in other post-conviction relief efforts. Our lawyers can advise you on the feasibility of effectively incorporating new evidence into your appeal strategy.
What Are the Chances of Winning an Appeal?
The success of an appeal depends on various factors, including the strength of the grounds for appeal and the specifics of the original case. Our approach at Branstad & Olson is to honestly assess your case's likelihood for success, building a detailed strategy tailored to your situation to present the most compelling arguments in the appellate court.
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"I would highly recommend Christine and her team to anyone in need of a skilled lawyer."
Their commitment to their clients and outstanding legal ability truly sets them apart. I couldn't have asked for a more well-rounded and professional team to help me through my situation.- Makenzie D. -
"She definitely will get the job done!"
She is amazing. She was very honest with me. She took care of my case in a very short time. Will definitely recommend her to anyone. She definitely will get the job done.- Former Client
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