Appeal Your State Court Felony Conviction
As an experienced criminal appeal and post-conviction attorney, I am also ready to help you fight to right a wrong you may have suffered in state courts throughout New Mexico. At my firm, The Law Office Of Scott M. Davidson, I have earned a reputation throughout the state as a preeminent criminal appellate attorney.
Proven Results In Appealing Convictions
It is not easy to appeal a state criminal conviction successfully. Fortunately, I have experience handling complex appeals of many kinds, and I have a record of success.
My experience includes, but is not limited to:
- State drug felonies
- Homicide and assault convictions
- Sex offenses
- State tax fraud
- Theft, fraud, embezzlement
I can also help you with expunging and clearing your state criminal record.
You may not get another shot at an appeal. You need to get it right the first time. When the stakes are so high, you can rely on my many years of experience as a criminal law attorney.
Frequently Asked Questions On Criminal Appeals
If you have been convicted of a crime in New Mexico, you may have options to challenge the outcome. Two common legal remedies include direct appeals and post-conviction petitions. Understanding how each process works and what timelines and outcomes you might expect when appealing a criminal conviction is important. Below are answers to help you understand the basics of each.
What is the difference between a direct appeal and a post-conviction petition in New Mexico?
A direct appeal is the first step you can take after a criminal conviction, focused on legal errors made during the trial. A higher court reviews the matter, and it must be based on the existing trial record.
On the other hand, a post-conviction petition is filed after the direct appeal process and can raise new issues, such as ineffective assistance of counsel or newly discovered evidence. It is considered a separate legal proceeding.
How can an appeal affect my criminal record?
If your appeal is successful, the appellate court may reverse your conviction, order a new trial or modify your sentence. Depending on the outcome, it can lead to a cleaned or corrected criminal record. However, simply filing an appeal does not remove the conviction from your record. It only changes the record if the appeal results in a favorable decision.
How long do I have to file an appeal in New Mexico after a criminal conviction?
In most cases, you will have 30 days from the date of your sentencing to file a notice of appeal in New Mexico. This deadline is strictly enforced, and missing it can mean losing your right to appeal. It is important to act quickly if and consult with an attorney to preserve your rights.
What are the chances of success in appealing a criminal conviction?
Appeals can be challenging because they rely on proving that a legal mistake affected the trial’s outcome.
The success rate depends on the specifics of your case, including the strength of the legal issues raised and the quality of your legal representation. While not all appeals result in a reversal, they may lead to reduced sentences or new trials.