Palfreyman Law, PLLC

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Criminal Appeals

Sometimes judges and juries make mistakes resulting in a wrongful conviction.  When mistakes are made a criminal appeal is necessary for review of those mistakes.  An experienced criminal appellate attorney is necessary to pursue an appeal in Oklahoma.


Direct Appeals


A defendant has ten days after sentencing to file a notice for appeal for a direct criminal appeal.  Many issues must be raised on direct appeal and it is vital that an experience criminal appellate attorney review your case to identify all of the relevant issues.  The direct appeals process can take several months to several years to complete.


Post-Conviction Relief


If your direct appeal has been denied, you may still be entitled to relief through a post-conviction relief petition.  The post-conviction relief must be filed within one year of denial of direct appeal and can only include new issues or issues that have not been waived.  It is possible to file an application for post-conviction relief after the year time limit for newly discovered evidence or issues.


Federal Habeas Petition


After you have exhausted your direct and post-conviction appeals, you may file federal claims in a federal habeas petition.  Only exhausted claims that fall under the United States Constitution may be pursued.  All claims must be filed within a year after your direct appeal is filed, however, any time that an application for post-conviction relief is pending tolls the time to file your federal habeas petition.


Oklahoma criminal appeals are a complex process requiring an experienced criminal appellate attorney. Contact Palfreyman Law, PLLC today for a free initial consultation regarding your criminal appeal.