Attorneys for Criminal Appeals in Iowa
If you file an appeal, the state will fight hard to maintain the criminal conviction or sentence obtained by the prosecutor, including county attorneys and state prosecutors from the Attorney General's Area Prosecutions Division. Most of these appellate attorneys are employed by the Criminal Appeals Division of the Iowa Office of Attorney General.
If you intend to appeal a criminal conviction or sentence, then you also need an experienced appellate attorney to fight to overturn your conviction. The attorneys are McCarthy & Hamrock, P.C. in Des Moines, Iowa, are experienced in filing criminal appeals throughout the state. In many of these cases, our attorneys are retained as appellate counsel on matters that were tried by other attorneys. Act quickly to retain an experienced criminal appellate attorney. In some types of criminal cases, you only have a short time to file the notice of appeal.
In addition to direct criminal appeals, the attorneys at McCarthy & Hamrock, P.C. also handle inmates' challenges to their state convictions filed in federal court, state and federal post-conviction appeals, and sexually violent predator commitment appeals. We are also experienced in filing motions and appeals in extradition cases when a fugitive is being held out of state to be brought back to Iowa on an outstanding felony arrest warrant. We represent clients before the Iowa Court of Appeals, the Iowa Supreme Court and the U.S. Eighth Circuit Court of Appeals.
Call us at (515) 279-9700 to find out what you need to do right away to protect your rights during a direct appeal or in proceedings for post-conviction relief.
Appeals to the Iowa Supreme Court and Court of Appeals
Under Iowa Code §602.4102(1) - (2), the Iowa Court of Appeals and the Iowa Supreme Court have jurisdiction over all criminal appeals in Iowa. If a person is convicted of any crime other than a simple misdemeanor, the appeal must be filed within 30 days of conviction. Under Iowa R. App. P. 6.101, if that 30 day deadline to appeal is not followed, then the person might lose the right to appeal the case.
As explained in Iowa R.Cr.P. 2.73(1), a person convicted of a simple misdemeanor has only 10 days to appeal the decision to the district court.
For an appeal of any criminal case other than a simple misdemeanor, the appeal is initially reviewed by the Supreme Court. Under Iowa Code §602.4102(2), the Supreme Court then decides whether to hear the appeal or to transfer the case to the Court of Appeals.
If the appeal is heard before the Court of Appeals, then as required by Iowa Code §602.4102(4), the person appealing the case must file an application for further review with the Supreme Court within 20 days of the Court of Appeals ruling.
Criminal Appeals by the Office of Attorney General in Iowa - Visit the website of the Office of Attorney General in Iowa to learn more about the criminal appeals division. The Criminal Appeals Division represents the state when a criminal defense attorney files an appeal to overturn or set aside a criminal conviction or sentence obtained by county attorneys and state prosecutors from the Attorney General's Area Prosecutions Division. Attorneys that work in the Criminal Appeals Division of the AG’s office focus on appellate work.Office of the Attorney General of IowaHoover State Office Building1305 E. Walnut StreetDes Moines IA 50319
Criminal Appellate Attorney in Des Moines, Iowa
The appellate attorneys at McCarthy & Hamrock, P.C. are skilled in reviewing criminal cases for error committed by the judge when excluding evidence presented by the defense or improperly admitting evidence presented by the prosecutor that should have been suppressed or excluded.
During a direct appeal, your entire conviction might be reversed if insufficient evidence was presented. In some cases, if the trial court made a harmful error during the trial, then a new trial may be warranted.
The attorneys at McCarthy & Hamrock, P.C. handle appeals for all types of criminal cases including the most serious felony offenses all the way down to a conviction for a simple misdemeanor.
Act quickly to get legal advice directly from an attorney because the appeals process involves strict timetables and deadlines. Our attorneys also represent clients in post-conviction motions. Call (515) 279-9700 today to discuss your case.
This article was last updated on Friday, September 30, 2016.