The Appeals Process in Nevada

Overview of the Appeals Process

A conviction at your trial doesn’t end the legal process. It is possible to file motions requesting that the trial court set aside the verdict or to order a new trial. These motions are rarely successful. You may need to appeal to a higher court to get your conviction overturned or have your sentence reduced. If you are convicted of a gross misdemeanor or a felony in Nevada, the statutes entitle you to an appeal. You must file your motions for appeal within 30 days of the decision. Many trial lawyers don’t have the expertise to handle appeals. It’s essential that you retain the services of an attorney who has the experience managing these types of cases.

During your appeal, the higher court will review the lower court proceedings to determine if an error occurred that justifies a new trial or relief from your conviction. Grounds for an appeal include rulings during pre-trial motions, decisions during the trial and the sentencing decision of the trial court. The appellate court will review the trial transcripts and hear oral arguments from the attorneys. The court will make its decision based upon this information as no new evidence is entered into the record.

An attorney who is familiar with the appeals process can detect issues that may justify an appeal and present those points before the appellate court.