Sevierville Criminal Appeal Attorneys Upholding Your Rights
Help for those convicted of crimes throughout Tennessee, including in Pigeon Forge and Gatlinburg
A criminal conviction is like your worst nightmare coming to life. Besides the thousands of dollars in fines and restitution that could be in your future, you might also be facing months if not years in a state jail or prison, or a federal penitentiary. Who will look after your family while you are away? How will you ever build a normal life after you have served your time? What kind of future are you facing?
Just because you have been convicted of a crime, however, does not mean that all hope is lost. At the Sevierville-based Law Office of Bryan E. Delius, you will find a team of experienced appellate attorneys who will fight to change your future. Our passionate legal team has provided hope and options for those convicted of a crime in Sevierville, Pigeon Forge and Gatlinburg, and throughout the state of Tennessee. When you think you have nowhere to turn, let us help you take back control of your life.
When can you file an appeal for a criminal conviction in Tennessee?
It is a popular misconception that every criminal conviction can be retried on appeal; they can’t. An appeal isn’t like a “do-over;” rather, it is a chance for a person convicted of a crime to make a case that he or she was either wrongfully convicted or that the trial court committed errors in admitting evidence or instructing the jury, leading to a wrongful conviction.
There are five options for people convicted of a crime in Tennessee:
- Direct appeal and appellate courts. Your first opportunities to launch an appeal come in the Tennessee Court of Criminal Appeals. If your conviction is not overturned or remanded back to a lower court, you can appeal at the State Supreme Court, and then to the U.S. Supreme Court. While every case can be appealed to our intermediate appellate courts, the State and U.S. Supreme Court only accept a limited number of cases to review.
- Post-conviction petitions. According to the Tennessee Attorney General, “Within one year of the final order in a case, a defendant may file a petition for post-conviction relief in the county trial court.” It is now that you would argue that your Constitutional rights had been violated. If relief is denied, we go back through the appellate courts.
- State Writ of habeas corpus. This limited remedy is only allowed if your judgment of conviction is illegal or if you are being detained beyond your sentence. While it is uncommon, an accomplished lawyer can quickly advise whether a State habeas corpus petition is advisable.
- Federal Writ of habeas corpus. Filed only in the federal court system after all state appeals have been exhausted, the writ of habeas corpus “petitions for release from unlawful imprisonment.” If the writ is denied by the Federal District Court, we can petition the Sixth Circuit Court of Appeals and eventually the Supreme Court, though writs are rarely heard that far up the line.
- Clemency. Clemency is granted by the governor of Tennessee, and is only applicable to people facing the death penalty. It can either commute a death sentence into a life sentence, or grant a full or conditional pardon.
How we can help
Because we are licensed to practice in both state and federal court, our Sevierville appellate lawyers can be by your side throughout the appeals process. We have the resources and the drive to handle even the most complex appeals, and the experience and skill to ensure no stone goes left unturned. We are proud to uphold and defend the rights of people in and around Sevierville, Pigeon Forge and Gatlinburg who wish to appeal misdemeanor or felony convictions for:
- Capital murder
- State or federal DUIs
- RICO convictions
- Sexual assault
- Fraud convictions
- Drug crimes
- Robbery or burglary
This is but a sampling of the types of appeals cases we handle for our clients. We know that you are frightened and confused, and that you might feel overwhelmed. We are your advocates when you need us the most, fighting aggressively on your behalf to help you get back home to your loved ones, where you belong.
Learn more about our services for criminal appeals in Tennessee
Criminal appeals and civil appeals in Tennessee require skills, resources and hard work. Delius & McKenzie, PLLC prides itself on offering clients all three – and more. To learn about your options, we invite you to call 865-428-8780 or fill out our contact form to make an appointment with a Sevierville appellate attorney serving clients throughout Tennessee, including in Pigeon Forge and Gatlinburg.