If you have been convicted of a crime in New Mexico, it may feel like your options are limited. However, you can still challenge your conviction by filing a criminal appeal. Mistakes, errors, or violations during your trial may provide grounds to reverse or modify the court’s decision.
Many mistakes and errors could lead to a reversal of the decision in your case. You have limited time to file an appeal, so you should contact a criminal appeals lawyer as soon as possible. Then, the appeal can take time to work through the New Mexico court system.
Steps to File a Criminal Appeal in New Mexico
Specific steps must be taken when filing a criminal appeal. You may forfeit your right to appeal if you miss any steps or fail to take them within a deadline.
Filing Your Notice of Appeal (NOA)
A Notice of Appeal (NOA) is a simple document that puts the court on notice that you are appealing your conviction. Within the NOA, you must have the following information:
- Names of both parties
- Name and address of appellate counsel
- Name of the trial court
- Copy of the original judgment or order showing the date
- Certificate of the district attorney
The NOA must be filed with the court clerk, and a copy must be served on the other party. In a criminal case, the other party is the district attorney or prosecutor.
Filing Your Docketing Statement
A docketing statement is a substitute for a transcript of proceedings. It is an adequate alternative to a complete transcript when the entire one is not necessary. It could take two to six weeks to obtain and file a docketing statement.
Calendaring and Timeline for Appeals
The docketing statement allows the court to calendar your appeal. It could take an average of two months to calendar a case after the docketing statement is filed with the Court of Appeals. If the docketing statement is filed earlier, your case may be calendared earlier.
How Long Does It Take for the Court to Decide a Case?
It could take a few months to two years for the Court of Appeal to decide your case. Cases take, on average, about one and a half years from the date the NOA was filed to be determined by an appellate court. However, about 5% of the cases on the calendar take much longer.
The time varies so much because there may be circumstances that extend the process. For example, if the attorneys file lengthy briefs or ask for an oral hearing, the appeal may take longer to move through the system.
Once a case is put on the calendar, it usually only takes six months to get a decision from the appellate court.
How Can a New Mexico Criminal Appeals Lawyer Can Help
Navigating a criminal appeal can be complicated. A skilled Albuquerque criminal appeals attorney ensures all potential challenges to your trial are raised. Failing to make certain arguments may limit your options for future appeals or post-conviction relief.
The best criminal appeals lawyers in Albuquerque help you make arguments like:
- You received ineffective assistance of counsel at the trial level
- Your Constitutional rights were violated
- There was prosecutorial misconduct
- There was misconduct on the part of law enforcement
- The trial court made an error
Call a Criminal Appeals Lawyer in New Mexico Today
The criminal appeals law firm of Harrison & Hart, LLC has extensive experience working with clients convicted at the trial court level. Our criminal appeals and post-conviction work is dynamic and considers all arguments possible. We develop strategic methods of targeting your conviction and work to get you released.
Call us today at (505) 295-3261 or use our online contact form to reach out.
