Nevada Criminal Appeals: A Comprehensive Overview

Criminal appeals are an essential part of the justice system, offering a pathway to challenge legal decisions made during trials. Appeals provide individuals with an opportunity to correct mistakes that may have occurred in the original court proceedings. Unlike a trial, where evidence is presented and witnesses are examined, an appeal focuses on reviewing legal errors that may have affected the outcome of a case. For those convicted of crimes or facing unjust sentences, a well-argued appeal can be the key to achieving justice and rectifying errors.

At Hofland & Tomsheck, we are dedicated to providing experienced appellate representation in both Nevada state and federal courts. Our firm, led by Josh Tomsheck, a Nationally Board-Certified Criminal Lawyer, and Jason Carr, a seasoned appellate advocate with extensive experience arguing before the Ninth Circuit Court of Appeals, understands the complexities of appellate law. With decades of combined experience, we offer knowledgeable and effective legal support to individuals seeking to appeal their convictions or sentences.

What is a Criminal Appeal?

A criminal appeal is a legal process where an individual convicted of a crime requests a higher court to review the decisions made by a lower court. The goal of an appeal is to determine whether legal errors occurred during the trial that may have impacted the fairness or outcome of the case. Appeals are not a second trial; they do not involve presenting new evidence or re-examining witnesses. Instead, they focus on the existing trial record to identify errors in the application of law or violations of constitutional rights.

Common grounds for filing an appeal include:

• Improper admission or exclusion of evidence: If the trial court admitted evidence that should have been excluded, or excluded evidence that should have been admitted, the jury’s decision could have been unfairly influenced.
• Ineffective assistance of counsel: If a defense attorney provided inadequate or incompetent representation, the defendant’s constitutional right to a fair trial may have been violated.
• Jury instruction errors: If the trial judge provided incorrect or misleading instructions to the jury, the jurors may have been misinformed about the law.
• Sentencing errors: If the court improperly applied sentencing laws or imposed an excessive sentence, an appeal can challenge the sentence.
• Constitutional violations: Appeals can address violations of constitutional rights, such as unlawful searches, coerced confessions, or due process violations.

Grounds for Filing a Criminal Appeal

To succeed in an appeal, the appellant must demonstrate that a legal or procedural error occurred during the trial or sentencing process. These errors can take several forms:

1. Legal errors: Misapplication of the law, such as incorrect interpretations of statutes or improper instructions to the jury, can lead to a successful appeal. If the trial judge made a legal mistake that affected the outcome, the appellate court may reverse or remand the case.
2. Procedural errors: Criminal trials must adhere to strict legal procedures. When these procedures are violated—such as improper handling of evidence or failure to follow court rules—an appeal can challenge the validity of the trial.
3. Ineffective assistance of counsel: The Sixth Amendment guarantees the right to effective legal representation. If a defense attorney’s performance was inadequate and negatively impacted the defendant’s case, this can be grounds for an appeal.
4. Constitutional violations: Appeals can challenge violations of constitutional rights, including unlawful searches and seizures, improper interrogation techniques, or violations of due process rights under the Fifth and Fourteenth Amendments.

The Appellate Process in Nevada

Appealing a criminal conviction or sentence in Nevada involves several steps, each requiring meticulous attention to legal details. At Hofland & Tomsheck, we guide our clients through each stage of the appellate process, ensuring their rights are fully protected.

1. Filing a Notice of Appeal
   The first step in any appeal is filing a notice of appeal with the trial court. This notice informs the court and the opposing party that the appellant intends to challenge the trial’s outcome. In Nevada, the notice of appeal must be filed within 30 days of the conviction or sentencing. Missing this deadline can result in losing the right to appeal, making timeliness critical.
2. Record on Appeal
   The appellate court does not consider new evidence but instead relies on the trial court’s record, including transcripts, exhibits, and other relevant documents. Our team at Hofland & Tomsheck conducts a thorough review of the trial record to identify any legal or procedural errors that could be raised on appeal.
3. Appellate Briefs
   The appellate brief is one of the most important elements of the appeals process. This written document presents the appellant’s legal arguments, explaining why the trial court’s decision was incorrect and should be reversed or modified. The appellant’s attorney must clearly demonstrate how errors affected the trial’s outcome. The appellee (the opposing party) will submit a response brief, defending the lower court’s decision, and the appellant may file a reply brief.

At Hofland & Tomsheck, we pride ourselves on producing clear, persuasive briefs that present well-researched legal arguments and highlight the mistakes made during the trial.

4. Oral Argument
   In some cases, the appellate court will schedule oral arguments, where attorneys for both sides present their case before a panel of judges. Oral arguments offer an opportunity for attorneys to clarify their positions and respond to questions from the judges. Josh Tomsheck and Jason Carr are skilled in delivering effective oral arguments, using their extensive experience to reinforce the legal points made in the briefs.
5. Appellate Court Decision
   After reviewing the briefs and hearing oral arguments, the appellate court will issue a decision. The court may affirm the conviction or sentence, reverse the trial court’s decision, remand the case for a new trial, or modify the sentence. In some instances, the court may order a new trial if significant errors are found.

Types of Criminal Appeals

At Hofland & Tomsheck, we handle a wide variety of criminal appeals, including:

• Direct Appeals: These are appeals filed immediately after conviction or sentencing and focus on errors that occurred during the trial.
• Interlocutory Appeals: These appeals challenge specific pre-trial or mid-trial rulings, such as the admissibility of evidence.
• Appeals After Guilty Pleas: Even after pleading guilty, individuals may be able to appeal their sentence or the fairness of their plea agreement.
• Sentence Appeals: These appeals seek to reduce or modify an excessively harsh or improperly imposed sentence.
• Post-Conviction Relief Appeals: These appeals involve petitions for post-conviction relief, such as habeas corpus petitions or motions for new trials based on newly discovered evidence.

Why Choose Hofland & Tomsheck for Your Criminal Appeal?

The appeals process is complex, and not all attorneys are equipped to handle the nuances of appellate law. Hofland & Tomsheck offers significant advantages:

• Nationally Board-Certified Expertise: Josh Tomsheck is a Nationally Board-Certified Criminal Lawyer, highlighting his expertise in criminal defense and appeals.
• Decades of Experience: Our attorneys have extensive experience handling appeals in both state and federal courts.
• Proven Track Record: We have successfully secured reversals, new trials, and favorable outcomes for clients throughout Nevada.
• Personalized Representation: Every case is unique, and we develop tailored strategies based on the specifics of each appeal.

Contact Us Today

If you believe that legal errors impacted your trial or sentencing, contact Hofland & Tomsheck for a free consultation. Time is critical, and we are ready to help you pursue justice through the appeals process.

Phone: 702-895-6760
Office Address: 228 S. 4th Street, First Floor, Las Vegas, NV 89101