Wichita Criminal Appeals Attorney

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Joseph, Hollander & Craft’s criminal defense lawyers represent clients through the entire criminal process, including appeals. We represent clients in Wichita and across the state of Kansas before the Kansas Supreme Court, Kansas Court of Appeals, and United States Court of Appeals for the Tenth Circuit. Let our criminal appeals attorneys assist you in challenging a wrongful conviction or sentence or defending a hard-earned motion to dismiss.

Experienced Appellate Advocates

JHC’s criminal defense lawyers have decades of experience handling criminal appeals. They are adept at identifying the crucial issues that could affect the outcome of a case. We also know how to present these issues to the courts of appeal. Our Wichita appeals lawyers prepare compelling appellate briefs and craft persuasive oral arguments. Whether your case involves an evidentiary issue, a sentencing issue, an instruction issue, a constitutional question, or a matter of statutory interpretation, we can handle it.

Federal Appeals and State Appeals

JHC’s criminal appeals attorneys represent federal defendants appealing from the District of Kansas to the Tenth Circuit Court of Appeals, and we represent clients appealing from Kansas state courts to the Kansas Court of Appeals and Kansas Supreme Court. We appeal cases involving:

• white-collar crimes
• sex crimes
• drug crimes
• violent crimes
• property crimes
• DUI

And more. If you want to appeal a conviction or sentence entered in Sedgwick County, Butler County, Sumner County, Reno County, Barton County, McPherson County, Saline County, Ellis County, Ellsworth County, Greenwood County, Ford County, Rice County, and Finney County, contact our criminal appeals lawyers. No matter what type of charges are involved, we will provide a candid assessment of your case and help you develop viable arguments for appeal.

Always Ready for Appeals

JHC’s Wichita criminal defense attorneys prepare every case they handle in the district court as though it will eventually be appealed. We preserve important issues during trial and sentencing to ensure our clients have the opportunity for success on appeal if the jury or judge does not find in their favor.

We also appeal cases that have been defended at the district court level by other attorneys. Many district court practitioners don’t do appellate work. Some clients prefer the fresh perspective offered by a new attorney. Regardless of your situation, JHC’s appellate attorneys stand ready make your best case on appeal.

You have a limited amount of time to file an appeal, so act quickly. Call JHC’s criminal appeal attorneys today.

Top Questions About the Criminal Appeals Process

What is an appeal?

An appeal is a legal process for challenging a verdict or judgment. In an appeal, a party aggrieved by a ruling in a trial court asks a higher court to review the ruling and declare that it was legally incorrect. If an error is identified and it affected your trial or sentence, your conviction or sentence may be reversed (undone).

Who makes the decision in my appeal?

Usually, an appeal to the Kansas Court of Appeals or the Tenth Circuit Court of Appeals will be heard and decided by a panel of three judges from the court. Occasionally, these courts decide cases en banc, meaning all judges on the court participate in evaluating the case and making the decision.

An appeal to the Kansas Supreme Court will be heard and decided by all justices on the court.

Can I offer evidence or testimony in my appeal?

No. Appellate courts do not consider new evidence. They are restricted to evaluating the record created at the trial court level. That includes filed documents, exhibits admitted into evidence at a hearing or trial, and transcripts of court proceedings.

If I win my appeal, will my case be dropped?

What happens after you win an appeal depends on the issue you appealed and the ruling of the court.

If an appellate court reverses your sentence but not your conviction, your case will be remanded for re-sentencing.

If your conviction is reversed because the appellate court finds that the jury was exposed to evidence that should have been excluded, your case will be remanded for a new trial where that evidence is excluded.

If your conviction is reversed for insufficient evidence, that is the end of the road. The charge cannot be tried again.

How long will my appeal take?

Usually, appeals proceed slowly. A single appeal will take several months and may take a year or more. This includes the briefing stage, waiting for oral argument to be scheduled, oral argument, and waiting for the appellate decision to issue.

Once a decision is entered, the party who was not victorious can petition for review by an even higher court. It is called a petition because it is only a request; the higher court can decline. Waiting for the higher court to decide whether to review the case may take another several months to a year or more. The appellate court’s decision is paused from taking effect while any such petition is pending.

If the higher court grants the petition for review, there will be another briefing stage, more oral argument, and another wait for a decision. 

What is an appeal brief?

An appeal brief is a litigant’s written argument to the appellate court. Each party to the appeal gets the opportunity to brief the case

The appellant (the party that has appealed) goes first. The appellant files an opening brief setting out the facts of the case, the issue on appeal (what the appellant thinks went wrong in the trial court), the applicable law, and argument in favor of the appellant’s position (e.g., why evidence should have been suppressed from trial or why the trial evidence was insufficient to support a guilty verdict).

The appellee (the party that wants the trial court judgment to remain unchanged) goes second. The appellee files a response brief. It will also include facts, law, and argument, but it does not raise new issues. Rather, it responds to the issues raised by the appellant.

Finally, the appellant can file a reply brief to address something new in the appellee’s brief.

Appellate judges and justices work from the parties’ briefs to understand the case and decide the appeal. Often, appeals are decided based on the briefs alone without any oral argument. A well-written brief can be critical to making your case on appeal.