If you are convicted of a crime, you might feel like the future is bleak. However, this does not have to be the end. You still have options, including filing a direct appeal of your conviction.
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.
The Steps in the Criminal Appeal Process
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
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.
How Long Does It Take for a Case to Be Calendared
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 Criminal Appeals Attorney Help You
Appealing a criminal decision can be complex. If you want to succeed, you must raise all possible challenges to the lower court decision. If you do not make specific arguments, they may be forfeited for your appeal and other post-conviction relief in the future.
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 Harrison & Hart, LLC 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.