What Is the Criminal Appeals Process in Washington?

Offenders convicted of crimes by Washington State courts have the right to appeal that conviction. The Washington State Court of Appeals (or other court, depending on the situation) typically reviews the conviction, determining whether to let it stand.

The team at Puget Law Firm has 150 years of combined experience and includes nine former prosecutors. This experience and knowledge of how the other side works gives us powerful insight into navigating the appeals process effectively.

Put your appeal in the capable hands of a Washington criminal defense lawyer from our firm. We are ready to take your case through the appeals process, fighting fiercely for your rights.

The Appeals Process

When you appeal a judgment, you ask a higher court to review your case and reconsider that judgment. The Washington State Rules of Appellate Procedures establish the complex legal steps and strict deadlines involved in the appeals process.

Having a skilled Washington criminal defense attorney from Puget Law handle your appeal puts you in the best position to see a positive outcome. Our client testimonials show the kind of professionalism, respect, and exceptional legal representation we offer. 

Step One: Give Notice of Appeal

To appeal your conviction, you must file a written notice of appeal with the court to start the process. Your filing must occur within 30 days of your trial’s final ruling. The notice must include a statement informing the court of your wish to appeal and an explanation of the specific decision you are appealing. 

Step 2: Prepare the Record on Review

The “record on review” is an official account of what happened at the trial that led to the decision you are appealing. Through the record on review, you inform the appellate court of or provide the court with:

• Exhibits presented as evidence at the trial
• Court documents – for example, the court order you wish to appeal, among others 
• The “report of proceedings”- a report of everything else said at the trial. This report includes witness testimony and attorney’s arguments, as well as the jury selection process

Typically, defendants (through their attorneys) submit the report as a word-for-word transcription, called a “verbatim report of proceedings” (VPR) of everything said at the trial.

Your criminal defense attorney in Washington must arrange to have the court transcribed to a VPR within 30 days of filing the notice of appeal. An authorized transcriptionist will file the VPR with the appellate court within 60 days of the day you scheduled the transcription.

Step 3: Write, and Receive, “The Briefs”

Briefs are legal documents. In an appeal, the defendant prepares an “appellant” brief and the State a “respondent” brief.  You must provide a copy of the report of proceedings along with your brief, and in your brief, present a written argument supporting your appeal. Your brief: 

• Summarizes relevant facts from your case
• Explains the rulings of the trial court
• Notes errors made in the trial court
• Argues why, based on the errors, the court must overturn your conviction
• Must be filed within 45 days of the date the appellate court receives your trial record

The State will file a respondent brief within 30 days of receiving your appellant brief. In it, the government (prosecution) will argue the trial court did not make legal errors and ruled correctly, and also ask the court to keep your conviction in place. In some cases, the State may concede trial errors but argue the errors do not carry legal significance or warrant overturning the decision.

A Step-Three Option: The Reply Brief

You may respond to the State’s respondent brief by filing a reply brief. You cannot raise new issues in this brief but can address specific arguments the prosecution raised. You must file within 30 days of the State’s filing.

Step Four: Present Oral Arguments (Not a Step for Every Case)

Oral arguments are not part of every appeals process. Upon review of the appellant, respondent, and (if applicable) reply briefs, the Court may decide to schedule a hearing. At the hearing, the prosecution and your criminal defense lawyer in Washington will defend their respective positions.

In Appellate Court cases, attorneys address a panel of three judges. If your case is heard in Superior Court, attorneys address one judge. In either scenario, each attorney gets limited time, usually 15 minutes at most, to make their presentation and will have to answer the judge or judge’s questions. 

Step Five: Receive a Decision

The briefs and oral arguments regarding the briefs, provide the court’s basis for decision. Decisions are not typically given immediately but after the court takes the case “under advisement. It may take several weeks or months before the decision is made.

 The Court may rule to:

• Affirm the conviction or judgment
• Reverse the conviction or judgment
• Remand the case and send it back to the trial court. 

A “remand” does not necessarily mean you get a brand new trial. The court may determine you received a fair trial but received too harsh of a sentence. In this case, the case will be remanded only for resentencing.

Further Optional Steps

You can file a motion to reconsider within 20 days if you are unhappy with the court’s decision. Through this motion, you argue the judge (or judges) misinterpreted the law or failed to consider your arguments fully.  The court ruling is based only on your motion and the State’s response–there are no oral arguments. 

If you lose your appeal or are denied a motion to reconsider, you can request another review from the next highest court. This is called a “discretionary review,” as the court has the discretion to decide whether to accept the review or not. To accept, the judges must believe the lower court committed a serious–or obvious–error and the case carries significant public interest or addresses an important legal issue.

We Are on Your Side

To protect your rights and get fair treatment under the criminal justice system, make the team at Puget Law Firm your trusted legal partners in Washington. We are on your side and ready to fight for you.