Practice
Criminal appeals and post-conviction
After a conviction there are usually two roads: the direct appeal, which looks at what happened at trial, and post-conviction motions, which can raise what the trial record doesn't show. Each has its own deadline.
Theodora works with people who were convicted and with the families who call on their behalf. The first conversation is about dates: when the judgment and sentence were entered, and what has been filed since.
The direct appeal
The direct appeal reviews the trial: rulings on evidence and searches, the jury instructions, the prosecutor's argument, the sentence. The court reads the transcript and the filings. If an objection wasn't made at trial, the court may not hear the issue, which is why Theodora reads everything before she promises anything.
Post-conviction motions
Some problems never appear in the transcript. A plea offer that was never passed on. A witness trial counsel didn't call. Evidence found after the verdict. A post-conviction motion raises them with new facts, usually at a hearing in the trial court, and the deadlines for it are strict too.
Federal habeas
After state remedies are used up, a petition in federal court can raise violations of federal constitutional rights. The rules are narrow and the time limits are unforgiving, so planning for it starts during the state case.
What can be raised
Issues that move a criminal appeal
A search or a statement
Evidence that should have been suppressed, and a motion the trial court denied.
The jury
Jury selection, instructions that misstated the law, and questions from the jury answered wrongly.
The sentence
A sentence above what the law allows, scoring errors, and credit for time served.
The lawyer at trial
Advice or decisions no reasonable lawyer would have made, raised after the appeal in a post-conviction motion.
What families ask after a conviction
Can my family hire you for me?
Yes. A family member can make the first call and pay the fee. Theodora's client is still the person convicted, and she talks with them before anything is filed.
Will an appeal get a new trial?
Sometimes. If the court finds a harmful error, it can order a new trial, a new sentencing or, more rarely, a discharge. Many appeals are affirmed, and Theodora will tell you plainly how yours looks once she has read the record.
Is it too late?
It may not be. The direct appeal has a short deadline, but post-conviction motions often have longer ones, and some rest on facts discovered later. Call with the dates and she will check.
Do you visit clients in prison?
Yes, and calls and letters are set up early. Most of the work is reading and writing, and clients get a copy of every brief.
Ask about a conviction or a sentence
Families call as often as clients do. Have the case number and the sentencing date ready, and Theodora will check the deadlines first.
The first call is free and doesn't make Theodora your lawyer.