Why You Need an Experienced Las Vegas Criminal Appeals Attorney

After a criminal conviction, facing the appellate process can be overwhelming. While a trial may have ended, the possibility of challenging that outcome through an appeal can still offer a pathway to justice. However, appeals are not opportunities to retry a case or present new evidence. Instead, they focus on identifying legal errors or constitutional violations that occurred during the trial, potentially leading to the reversal of a conviction or a reduced sentence.

At Hofland & Tomsheck, Josh Tomsheck, a Nationally Board-Certified Criminal Lawyer, and Jason Carr, an accomplished appellate attorney who has successfully argued hundreds of cases before the Ninth Circuit Court of Appeals, lead a team that excels in navigating the complexities of criminal appeals. With decades of experience in state and federal appellate courts, we provide skilled, comprehensive representation to help secure justice.

1. Understanding the Complexities of Appellate Law

Appeals are a specialized area of law that differs significantly from trials. Unlike trial attorneys, appellate attorneys focus on the trial record—identifying legal mistakes made by the trial court, interpreting laws and legal precedents, and crafting compelling written and oral arguments. Success on appeal requires a deep understanding of procedural rules, legal principles, and appellate court standards.

Josh Tomsheck and Jason Carr bring a wealth of knowledge to every appeal. With experience in both Nevada appellate law and federal appellate law, they are adept at navigating the intricacies of criminal appeals, ensuring each case is thoroughly reviewed for potential legal errors.

2. Spotting Legal Errors that Can Lead to a Successful Appeal

Identifying errors that occurred during trial is crucial for a successful appeal. These can include improper jury instructions, inadmissible evidence, constitutional violations such as unlawful searches and seizures, or ineffective assistance of counsel. Without an experienced appellate attorney, these issues might go unnoticed, leaving potential grounds for appeal unexplored.

At Hofland & Tomsheck, our team meticulously examines the trial record to uncover any legal errors or procedural mistakes. Whether it’s an improper ruling on evidence or a flawed jury instruction, we are committed to challenging these issues and presenting them to the appellate court.

3. Crafting a Winning Appellate Brief

The appellate brief is the core of any appeal. This written document lays out the legal arguments explaining why the trial court’s decision was incorrect and why the appellate court should reverse or modify the outcome. Writing a persuasive appellate brief requires not only an understanding of the law but also the ability to argue legal points clearly and effectively.

Jason Carr, with his extensive appellate experience, is a skilled writer whose well-researched briefs have resulted in numerous favorable rulings. Josh Tomsheck, as a nationally board-certified criminal lawyer, brings his expertise to every case, ensuring the arguments are solid, compelling, and backed by relevant legal authority.

4. Navigating the Appellate Process

The appellate process is governed by strict rules and timelines. In Nevada, the Nevada Rules of Appellate Procedure (NRAP) dictate the steps and deadlines for appeals, while federal appeals follow the Federal Rules of Appellate Procedure (FRAP). Missing a deadline or failing to adhere to procedural requirements can result in the dismissal of an appeal.

At Hofland & Tomsheck, we manage every aspect of the appellate process with precision, from filing the Notice of Appeal to submitting briefs and preparing for oral arguments. Our attorneys understand the importance of meeting deadlines and ensuring that all procedural rules are followed to give your appeal the best chance for success.

5. Preparing for Oral Arguments

In some cases, the appellate court may schedule oral arguments, where attorneys present their cases in front of a panel of judges. Oral arguments provide an opportunity to highlight key points from the appellate brief and answer questions posed by the judges. Having a skilled appellate attorney who can respond effectively to the court’s inquiries is essential.

Jason Carr, with his extensive experience in appellate courts, including hundreds of arguments before the Ninth Circuit Court of Appeals, is well-prepared to present clear, persuasive arguments. Together with Josh Tomsheck, our team is dedicated to ensuring that oral arguments reinforce the core issues of the appeal and demonstrate why a reversal or modification of the trial court’s ruling is warranted.

6. Experience in Nevada and Federal Appellate Courts

Appellate courts in Nevada and the federal system operate under different rules, requiring familiarity with the specific standards and procedures of each jurisdiction.

• Nevada Appeals: Nevada criminal appeals are heard by the Nevada Court of Appeals or the Nevada Supreme Court. Our attorneys have successfully argued for the reversal of wrongful convictions and unfair sentences in Nevada state courts.
• Federal Appeals: Federal appeals are heard by the Ninth Circuit Court of Appeals, which handles cases from multiple states, including Nevada. Jason Carr has significant experience arguing in the Ninth Circuit, securing numerous victories for clients convicted in federal court.

Whether your appeal is in state or federal court, Hofland & Tomsheck offers the expertise and knowledge necessary to handle complex appellate cases.

7. Why Choose Hofland & Tomsheck?

When it comes to criminal appeals, you need a dedicated attorney with specialized appellate experience. Josh Tomsheck and Jason Carr bring decades of expertise in criminal law and appellate advocacy, with a proven track record of success.

• Nationally Board-Certified Expertise: Josh Tomsheck is a board-certified criminal defense attorney, a distinction that demonstrates his deep knowledge and experience in criminal law.
• Extensive Appellate Experience: Jason Carr has successfully argued hundreds of appellate cases, with many published decisions highlighting his ability to secure favorable outcomes for clients.
• Personalized, Results-Driven Representation: We are committed to providing individualized attention to each case, working closely with our clients to develop a strong appellate strategy.
• Proven Success: Our team has a history of winning appeals, securing reversals, sentence reductions, and remands for new trials.

8. Contact Hofland & Tomsheck Today

If you or a loved one has been convicted of a crime and you believe legal errors occurred during the trial, you need an experienced criminal appeals attorney. Hofland & Tomsheck has the skill, experience, and dedication to fight for your rights and pursue the justice you deserve.

Contact us today for a free consultation. Our team will review your case, discuss your legal options, and guide you through the appellate process with the confidence that comes from decades of successful appellate advocacy.