Imagine being convicted of a crime and feeling like the outcome might have been different with better legal representation. You’re not alone. For many individuals who find themselves grappling with a conviction, the question arises: “Can I change my lawyer and still go for an appeal?”

The short answer is yes, you absolutely can. However, understanding the process and its implications is critical. This blog explores your rights, reasons for switching lawyers, and why having an experienced appellate attorney could make all the difference in your appeal’s outcome.

The following points may be worth consideration:

• According to the Innocence Project, 69% of DNA exoneration cases involved wrongful convictions due to poor legal representation or prosecutorial misconduct. Sometimes the justice system gets it wrong, and appeals (with new counsel) can correct it.
• The law is dynamic and a new lawyer may see new opportunities your original one missed. California’s “SB 1437” and Retroactive Law Changes show that appeals aren’t just about errors — changes in the law (like SB 1437 for felony murder reform) can open the door to post-conviction relief.
• The Central Park Five Case – a well known case where each defendant’s convictions were overturned after years of advocacy, appeals, and legal pressure — new counsel played a crucial role.

Mark Broughton, a seasoned expert in criminal defense and appellate advocacy, brings trusted insights to help you make an informed decision about this critical stage of your case.

Understanding Post-Conviction Appeals

What Is a Criminal Appeal?

A criminal appeal is a legal process where the defendant seeks to challenge their conviction or sentence based on errors made during the trial. Unlike trials, appeals don’t involve jury deliberation or the presentation of new evidence. Rather, appellate courts review the trial records to determine whether legal mistakes occurred that could have affected the verdict.

Appeals vs. Trials

It’s important to recognize a fundamental difference between trials and appeals. Trials primarily focus on facts and witness credibility, while appeals focus on legal or procedural errors. For example, an appeal might argue that evidence was improperly admitted or that the defendant’s rights were violated during the process.

Why Legal Representation Matters in Appeals

Appeals are a specialized area of law that requires in-depth knowledge of procedural rules, statutory interpretation, and constitutional principles. Skilled representation can significantly improve the odds of success by identifying viable grounds for appeal and crafting compelling arguments.

Can You Change Your Lawyer After a Conviction?

The good news is that you can change your lawyer after a conviction. The U.S. Constitution guarantees your right to counsel at all stages of the judicial process, including post-conviction appeals.

Common Reasons for Changing Lawyers

Defendants often seek to switch attorneys for the following reasons:

• Loss of Trust: A breakdown in communication or trust with your current lawyer can severely impact your case.
• Poor Communication: If your lawyer is unresponsive or fails to keep you informed, it may be time for a change.
• Ineffective Assistance: If you believe your lawyer’s performance during the trial was subpar, you may argue ineffective assistance of counsel as part of your appeal.
• Need for Appellate Expertise: Appellate law requires distinct skills and profound knowledge of case law, which not all trial attorneys possess.

A General Case Example

A person convicted of robbery believes their trial attorney missed a key argument about improper evidence handling. They hire a specialized appellate lawyer who finds significant trial errors, files an appeal, and wins a reduced sentence. While this example is generalized, it highlights how a fresh perspective can lead to better outcomes.

 

 

Strategic Reasons to Hire a New Attorney for Appeal

The Value of Appellate Specialists

Appellate law is highly specialized. Trial lawyers focus on building a case with evidence and witnesses, while appellate attorneys focus on nuanced legal arguments. An experienced appellate lawyer can uncover critical errors that may have been overlooked.

A Fresh Perspective

A new legal team provides fresh eyes on your case. They can often identify issues missed during the trial. For example, was evidence mishandled? Were your constitutional rights violated? Did jury instructions include errors?

When Ineffective Assistance Becomes Grounds for Appeal

Citing ineffective assistance of counsel can be a valid ground for appeal. The landmark case Strickland v. Washington sets the standard, requiring defendants to prove that their lawyer’s performance was deficient and that this deficiency prejudiced their defense.

How to Change Your Lawyer After a Conviction

Switching legal representation mid-case is a straightforward process. Here’s how to do it:

1. Decide on New Counsel: Research and select an appellate attorney with experience in post-conviction appeals.
2. Notify Your Current Attorney: Inform your current lawyer of your decision to terminate their services.
3. Access Trial Records: Ensure your new attorney receives all records, legal documents, and case files from the original trial.
4. File a Notice of Appeal: Your new attorney will handle procedural requirements, such as filing a “Notice of Appeal” within the stipulated timeframe. Time is critical here, as missing deadlines can forfeit your right to appeal.

What to Look for in an Appellate Attorney

Choosing the right appellate attorney is crucial. Consider the following criteria:

• Experience in Post-Conviction Relief: Look for a proven track record in state and federal appeals.
• Knowledge of Procedural Rules: Appellate attorneys must meet strict deadlines and follow specific legal protocols.
• Creative Problem-Solving: Great attorneys often think creatively, exploring lesser-known avenues like habeas corpus petitions and statutory reforms.
• Personalized Advocacy: Look for someone who takes the time to understand your case and fights passionately for justice.

Why Hire Mark Broughton for Your Appeal

Mark Broughton’s decades of experience make him a trusted advocate for individuals seeking post-conviction relief. Here’s what sets him apart:

• Proven Expertise: He is board-certified in criminal defense with a deep understanding of appellate law.
• Impressive Track Record: Mark has successfully handled a wide range of state and federal appeals.
• Commitment to Justice: He approaches each case with an unmatched dedication to protecting your rights and seeking a favorable outcome.
• Tailored Representation: Whether it’s identifying errors or crafting innovative legal arguments, Mark offers personalized, aggressive advocacy to each client.

A Conviction Isn’t the End

Being convicted doesn’t mean all hope is lost. Appeals give you a second chance to challenge the outcome and seek justice. Changing your lawyer could be the first step toward turning your case around.

If you or a loved one is considering an appeal, don’t wait. Contact Mark Broughton today for a confidential consultation and take the first step towards securing your future. Your second chance might start here.

Because your future deserves a second chance.

Schedule a Free Consultation with Mark Broughton Today

The sooner you get legal help, the better your chances of a positive outcome. Don’t try to handle this alone—your future is too important.

Call (559) 691-6222
Email mark@FresnoCriminalLawyer.com
Or click here to request a free, confidential consultation.