Home » The Criminal Defense Process » Kansas Criminal Appeal Attorneys

Joseph, Hollander & Craft’s criminal defense attorneys represent clients at each stage of the criminal justice process—including appeals. Our attorneys regularly represent clients before the Kansas Supreme Court, Kansas Court of Appeals, and United States Court of Appeals for the Tenth Circuit. Whether you need to challenge a wrongful conviction or an unlawful sentence, JHC’s Kansas criminal appeal lawyers can help.

Experienced Appellate Advocates

After decades of litigating criminal appeals, our Kansas appellate attorneys are skilled at spotting the critical issues that can change the outcome of a case. Just as importantly, we know how to present those issues to the appellate courts. We craft persuasive appellate briefs and present oral arguments tailored to the appellate panel’s interests in and inquiries about the case. Having argued and won cases involving constitutional questions, suppression issues, jury instruction issues, sentencing issues, insufficient evidence, inadmissible evidence, and interpretation and application of statutes and case law, our appellate attorneys have the experience and acumen to manage whatever your criminal appeal entails.

State Appeals and Federal Appeals

JHC’s Kansas criminal appeal attorneys represent clients in federal appeals to the Tenth Circuit following convictions in the District of Kansas and appeals to the Kansas state appellate courts following convictions in Kansas district courts. We appeal from cases involving:

• drug crimes
• sex crimes
• white-collar crimes
• violent crimes
• DUI
• and more

No matter the type of charges involved, our appellate attorneys will position your case for an optimal result on appeal.

Always Prepared for Appeals

In the district courts, JHC’s Kansas criminal defense attorneys prepare each case for the long haul. Because the law restricts what higher courts can consider on appeal, we identify and preserve potential appellate issues at trial and sentencing so our clients have multiple options for success. By setting the groundwork in the trial court, we have your case prepared for the next level in the event the jury or the judge makes an error at trial or sentencing.

We also take over cases defended by other attorneys at the district court level. Whether your prior lawyer does not handle appeals or you are just looking for a fresh perspective on your matter, our appellate lawyers are ready to step in and make your case to the appellate court.

The law provides a limited time to file your appeal, so do not delay. Call Joseph, Hollander & Craft’s Kansas appellate attorneys today.

Questions About Criminal Appeals in Kansas

How is the appellate stage of a case different from the trial court stage?

In a trial court, evidence is presented that establishes the facts of the case. For example, witnesses testify and documents, videos, and objects are offered, admitted, and considered. Then a jury decides who is guilty or not guilty based on instructions regarding the law.

In an appellate court, no evidence is presented and no jury is involved. At the appellate stage, judges review the evidence admitted in the trial court, the procedures undertaken, and the law that was applied to determine whether the proceedings were fair and proper under the law.

Whereas only one judge presides over a trial, multiple judges review a case on appeal. Unlike jury verdicts, appellate rulings do not need to be unanimous. The majority vote wins.

How do I win an appeal?

You cannot win an appeal without a winning issue. That means your case must have an error that, if corrected, would require reversal of your conviction or sentence. Even the very best appeals attorneys cannot ensure you have a winning appeal issue. That depends on the facts and law applicable to your case.

What the best appellate lawyers do is: (1) identify winning issues (when they exist); and (2) present them to the appellate court clearly and persuasively. Joseph, Hollander & Craft’s appeals lawyers have decades of experience doing both, and that’s how we set up our clients’ appeals for success.

When can I appeal?

You must wait for a final order to appeal your criminal case. That means a sentence must be entered. You can appeal from rulings entered before your sentencing hearing (denial of a motion to dismiss or motion to suppress, for example), but you have to wait until the end of your case to bring those issues to the appellate court.

An appeal is initiated by filing a document called a “Notice of Appeal.” If you intend to appeal any part of your criminal case, you must file a notice of appeal within 14 days after the final judgment is entered.

What can I appeal?

You can appeal from the final judgment against you (your conviction and sentence) as well as any decision or order entered during the case. A standard notice of appeal will state that the defendant appeals from his or her conviction, sentence, and “all adverse rulings” (everything that did not go in your favor). After giving notice of appeal and before briefing the issues to the court, you and your attorney will refine the precise rulings and orders that made a difference in the outcome of your case. Your appellate attorney should devote your appeal arguments to addressing why those rulings or orders were wrong and what the appeals court should do to fix it.

What happens if I win my appeal?

Winning means something different in each appeal and depends on the issues raised. For example:

• If you win a challenge to the admission of certain evidence against you, your conviction may be reversed and the case returned to the district court to be set for a new trial where that evidence is excluded. If the evidence is essential to the prosecution’s case, the prosecution may elect to dismiss charges rather than proceed to trial. If there is still evidence to make a case for trial, you can try the case again or negotiate a plea agreement.
• If you win a challenge to the sufficiency of the evidence supporting your guilt, your conviction will be reversed and you cannot be tried again for the offense.
• If you win a challenge to the procedures used at your sentencing hearing, your case will be returned to the district court judge to redo the sentencing hearing with proper procedures.