Appealing a Criminal Case in Nevada
Las Vegas Appellate Attorneys
The most important thing to know about appealing a criminal case is that the deadline for filing appeal is very short.
If your case was tried in a state court, you have only 30 days from the date of your conviction to file a notice of appeal. If your case was tried in federal court, you have only 10 days from date of conviction.
If You Miss the Filing Deadline, You Lose Your Right to Appeal
Do not wait until the last minute to seek the help of an experienced appellate attorney. Any lawyer you choose will need to thoroughly examine the court transcripts for any errors made by the judge or misconduct by the prosecutor (e.g., withholding evidence) that would constitute grounds for appeal. This takes time.
Contact Ciciliano & Associates, LLC online or call 702.487.3530.
What Happens in the Criminal Appeals Process?
The first step in the criminal appeal process is to file a notice of appeal, which tells the court you intend to appeal your conviction and why you should be allowed to do so. This is a very short document with a case appeal statement. It outlines the reasons why you should be granted a hearing.
Basically, the state and federal courts in Nevada that handle criminal cases are organized in the following manner:
Nevada State Courts
- Municipal Court for misdemeanor and traffic violations that occur within city limits
- Justice Court for misdemeanor and traffic violations, evictions and civil matters under $10,000 in value, and arraignment of felony and gross misdemeanor cases
- District Court for felony criminal cases, and appeals of municipal and justice court convictions
- Nevada State Supreme Court for appeals of criminal convictions in district court
Federal Courts in Nevada
- U.S. District Court for federal criminal trials and all habeas corpus petitions
- 9th Circuit Court of Appeals for appeals of federal criminal convictions
- U.S. Supreme Court
In Nevada, most district court appeals are heard in the "fast track" system. If you were sentenced to anything less than a life sentence, your appeal will automatically be put into the fast track process and your case will be decided relatively quickly, generally in 90 to 100 days.
Do You Want a Fast Track Appeal?
A full appeal can take a very long time — in some cases up to a year and a half. This is a problem because if your appeal were to be successful and get you a shorter sentence, might have already served the longer sentence. In some cases, defendants have finished serving their sentences before the case was even heard by the appellate court. The fast track process will get your case heard much faster.
On the other hand, there is less briefing allowed in the fast track system, so less information can be provided to the court. Also, your attorney will not be allowed to make an oral argument. If the stakes are high and your attorney feels a full hearing will give you the chance to make a better case, you may want to request a full appellate hearing instead of a fast track appeal.
We Worry About the Law So You Don't Have To!
For aggressive representation in appellate court, contact the Las Vegas law office of Ciciliano and Associates. Call 702.487.3530. We will explain our fees and the costs of an appeal and give you a clear idea of the potential gain and likely outcome. Our office is conveniently located on 10th Street near the federal courthouse in Las Vegas.
