What to Look for in a Criminal Appeals Attorney

When seeking to appeal a criminal conviction or sentence, selecting the right attorney is crucial. Appeals are fundamentally different from trials, as they focus on reviewing legal errors and ensuring the correct application of the law rather than re-examining facts or introducing new evidence. This makes the selection of an appellate attorney one of the most important decisions you can make in your case. An attorney with specialized expertise in appellate law is essential to navigating the intricate legal processes involved in an appeal.

At Hofland & Tomsheck, our team brings decades of experience in state and federal appellate courts, with a proven track record of success. Josh Tomsheck, the head of our criminal practice widely recognized as one of the best in Nevada, is a Nationally Board-Certified Criminal Lawyer, and Jason Carr, an experienced appellate advocate with a history of securing favorable outcomes, are dedicated to fighting for your rights. Their combined expertise and commitment make them uniquely qualified to handle even the most complex appeals.

Here’s what you need to consider when choosing an appellate attorney and why Hofland & Tomsheck stands out in each area.

1. Specialized Expertise in Appellate Law

Appeals require a deep and specialized understanding of the law, legal precedents, constitutional protections, and statutory interpretation. Unlike trial attorneys, who focus on presenting evidence and persuading a jury, appellate attorneys must be adept at identifying and arguing legal errors made during the trial. Their role is to show that these errors were significant enough to warrant a reversal, modification, or remand of the case.

Not all attorneys possess the expertise required to handle appellate cases effectively. Successful appeals require the ability to analyze the trial court record meticulously, identifying any procedural or legal errors that may have impacted the trial’s outcome. Josh Tomsheck and Jason Carr have extensive experience in appellate law, having handled appeals at both the state and federal levels, including cases heard by the Nevada Supreme Court and Ninth Circuit Court of Appeals. Their knowledge and ability to craft compelling legal arguments make them uniquely qualified to take on the intricate legal challenges that arise in appellate cases.

At Hofland & Tomsheck, we pride ourselves on our understanding of appellate law and our track record of successfully guiding clients through the appellate process.

2. Strong Legal Writing and Research Skills

Effective appellate advocacy hinges on the quality of written briefs submitted to the court. Unlike a trial, where arguments are made verbally to a jury, the appellate process relies heavily on the written brief to make the case. The appellate brief is the cornerstone of any appeal, presenting the legal arguments and highlighting errors made by the trial court.

A successful appeal requires detailed legal research and meticulous writing. An appellate attorney must clearly explain how the law was misapplied or how the appellant’s rights were violated. Every argument must be backed by relevant statutes, case law, and constitutional provisions, all while adhering to the specific procedural rules of the appellate court.

At Hofland & Tomsheck, we excel at producing high-quality appellate briefs. Jason Carr is renowned for his ability to write clear, persuasive briefs, grounded in thorough research and a strong understanding of the law. Josh Tomsheck brings a deep knowledge of Nevada law to every case, ensuring that each argument is meticulously constructed and supported by relevant legal authority. Our team’s commitment to precision and attention to detail sets us apart, ensuring that the court fully understands the legal basis for reversing or modifying the lower court’s decision.

3. Experience with Oral Arguments

While many appeals are decided based on the written briefs, oral arguments can sometimes play a pivotal role in the court’s decision-making process. During oral arguments, attorneys have the opportunity to present their case directly to the judges, answer questions, and address concerns that may not have been fully explored in the written submissions. A strong oral argument can significantly enhance the likelihood of a favorable outcome.

Oral arguments require an attorney who can think quickly, articulate their points clearly, and respond effectively to questions from the bench. This requires a unique skill set—combining deep legal knowledge with the ability to communicate complex issues in a straightforward and convincing manner.

Jason Carr has a wealth of experience presenting oral arguments before appellate courts, including the Ninth Circuit Court of Appeals, where he has argued over 150 times. His ability to engage directly with judges, respond to challenging questions, and reinforce the key points made in written briefs has led to numerous favorable decisions. Josh Tomsheck is known for his skill and talent in presenting arguments to Courts, and has successfully argued persuasive appellate arguments which have shaped Nevada law and resulted in published decisions. If your appeal includes oral arguments, you can trust that Hofland & Tomsheck will represent you with confidence, clarity and a track record of success.

4. A Proven Track Record of Success

One of the most important factors to consider when selecting an appellate attorney is their track record of success. While no attorney can guarantee the outcome of an appeal, a strong history of favorable results indicates that the attorney has the skills and experience necessary to navigate the complexities of appellate law.

At Hofland & Tomsheck, we are proud of our proven track record in state and federal appellate courts. Jason Carr has successfully argued for the reversal or modification of convictions and sentences, securing favorable outcomes for clients in a wide range of cases. Many of these victories are reflected in published decisions, showcasing our firm’s ability to handle even the most complex appeals. Josh Tomsheck prides himself on crafting the best possible arguments to prevail on issues or cases that are seemingly unwinnable.

Whether you are seeking a reversal of a wrongful conviction, a reduction in sentencing, or the correction of a legal error, Hofland & Tomsheck has the experience and expertise to pursue the best possible outcome for your appeal.

5. Attention to Detail and Client Commitment

Appeals are detail-oriented endeavors that require careful examination of the trial court record. Even minor errors in the trial proceedings can have significant implications for an appeal. As such, a qualified appellate attorney must be meticulous in their approach, leaving no stone unturned in their search for legal errors.

At Hofland & Tomsheck, we are committed to providing our clients with the highest level of attention to detail. Our attorneys carefully review every aspect of the trial court record, ensuring that all potential errors are identified and addressed in the appeal. In addition, we prioritize clear communication and personalized service. We understand that the appellate process can be complex and stressful, and we make it a priority to keep our clients informed and supported throughout the process.

Why Choose Hofland & Tomsheck for Your Appeal?

The decision to appeal a criminal conviction or sentence is a critical one, and choosing the right attorney is essential to achieving a successful outcome. At Hofland & Tomsheck, we offer the specialized expertise, strong legal writing skills, and experience with oral arguments necessary to handle your appeal. Josh Tomsheck’s National Board Certification in criminal law and Jason Carr’s extensive experience with hundreds of appeals make our team uniquely qualified to navigate the complexities of appellate law and pursue justice on your behalf.

If you or a loved one is considering an appeal, contact Hofland & Tomsheck today for a free consultation. We will review your case, discuss your legal options, and guide you through the appellate process with the skill and determination required to protect your rights and achieve the best possible outcome.