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Cochran Douglas, PLLC
Tacoma, United States

Founded in 2020
8 people in their team
English
Cochran Douglas, PLLC is a Tacoma-based litigation firm focused on representing individuals and families harmed by negligence, abuse, misconduct, and violations of civil rights. The firm handles significant personal injury matters involving motor vehicle accidents, catastrophic injuries, wrongful...
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A Tacoma conviction may be challenged through more than one legal route

For a felony conviction in Tacoma, the case usually began in Pierce County Superior Court. A direct appeal generally goes to the Washington Court of Appeals, Division II, which sits in Tacoma; later challenges may involve a personal restraint petition or a motion in the trial court.

The right route depends on the case history, the evidence, and deadlines. A lawyer can review trial and appeal records, investigate new evidence, and identify whether a court challenge, DNA-testing petition, or separate compensation claim may be available.

Act promptly. Washington imposes strict deadlines on many post-conviction challenges, and obtaining transcripts, evidence, and older case files can take time.

When a lawyer may be especially important

  • New evidence has emerged: A witness has recanted, records were uncovered, or another person has provided information that could change the outcome of a Pierce County case.

  • Forensic evidence is in question: DNA or other physical evidence may not have been tested, may be suitable for new testing, or may have been presented inaccurately at trial.

  • The defense did not investigate or present key evidence: A lawyer can assess whether the issue could support a post-conviction claim, subject to legal standards and filing deadlines.

  • There may have been an identification or disclosure problem: Questions about eyewitness identification or evidence not provided to the defense may require review of the trial record and police or prosecution files.

  • A guilty plea may have been invalid: A person may need help assessing whether the plea was voluntary, informed, and legally sound, and whether a challenge remains available.

  • A conviction has already been vacated: Legal advice may be needed about dismissal, retrial, release-related issues, and whether a separate Washington compensation claim is possible.

Washington laws that can apply to a Tacoma case

RCW 10.73.090, time limit for collateral attack. In general, a collateral challenge to a final judgment must be filed within one year after the judgment becomes final. RCW 10.73.100 lists exceptions, including certain claims based on newly discovered evidence, but the statutory requirements are specific.

RCW 10.73.170, DNA testing. This law allows a person convicted of a felony to petition for post-conviction DNA testing when statutory conditions are met. The court considers factors such as whether biological evidence exists and whether testing could produce new, material evidence.

RCW 4.100, compensation for wrongful conviction and imprisonment. Washington enacted this compensation law in 2013. It sets eligibility requirements and a court process for certain people whose convictions were reversed or vacated and who meet the law’s other conditions.

These laws do not cover every possible claim or deadline. The correct procedure depends on the conviction, prior appeals, and evidence available.

Frequently asked questions

Do I need a lawyer to challenge a conviction?

You can sometimes file without a lawyer, but post-conviction procedure is technical and deadlines can be strict. A lawyer can review the record, select the appropriate filing, and explain risks before you act.

Which court handles a felony conviction from Tacoma?

Most Tacoma felony cases are heard in Pierce County Superior Court. Appeals from that court generally go to the Washington Court of Appeals, Division II, in Tacoma.

What is a personal restraint petition?

A personal restraint petition is a Washington procedure for asking an appellate court to review unlawful restraint, including certain challenges to a conviction or sentence. It is not a new trial, and filing rules and time limits apply.

How long do I have to challenge my conviction?

Many collateral challenges are subject to a one-year limit under RCW 10.73.090, measured from when the judgment becomes final. Exceptions may apply, so a lawyer should calculate the deadline from the case record rather than assume it has expired.

Can new evidence reopen a case?

Possibly, but the evidence must satisfy legal standards and the claim must be brought through the correct procedure. The court may consider when the evidence was discovered, whether it could have been found earlier, and whether it could affect the result.

Can I request DNA testing after conviction?

Potentially. RCW 10.73.170 provides a petition process for qualifying felony cases, but testing is not available in every case or for every item of evidence.

Can someone challenge a conviction after pleading guilty?

A guilty plea does not automatically prevent a challenge. The available arguments and deadlines depend on the plea record and the specific legal basis for challenging it.

Can I get compensation if my conviction is overturned?

Not automatically. RCW 4.100 sets separate eligibility requirements and a court process; reversal or vacatur alone does not establish entitlement to compensation.

How much does a post-conviction lawyer cost?

Fees vary with the record, investigation, expert work, and court proceedings required. Ask for a written agreement describing the work covered, likely additional costs, and whether payment arrangements are available.

How long does a post-conviction case take?

There is no standard timeline. Record collection, evidence testing, court schedules, and any appeal can make a case take months or longer.

Can I get a public defender for a post-conviction case?

Representation depends on the type and stage of the proceeding, financial eligibility, and applicable appointment rules. Contact Washington’s Office of Public Defense or ask the court about the procedure for your specific case.

Official Tacoma and Washington resources

  • Pierce County Superior Court: Handles most felony trials in Tacoma and related trial-court filings. Court staff can provide procedural information but cannot give legal advice.

  • Washington Court of Appeals, Division II: Hears appeals and certain post-conviction petitions from Pierce County cases. Its clerk’s office provides information about court procedures and filings.

  • Washington State Office of Public Defense: Provides information about public defense services and state programs. It can help identify whether appointed representation may be available for a particular proceeding.

Steps to find and hire the right lawyer

  1. Gather key case details within a few days: Collect the judgment and sentence, charging documents, appeal decisions, and any notices showing when the judgment became final.

  2. Preserve potential evidence immediately: Keep relevant letters, records, photographs, and witness contact information. Do not alter physical evidence or contact witnesses in a way that could affect their accounts.

  3. Identify lawyers handling post-conviction cases: Look for lawyers who work on Washington appeals, personal restraint petitions, DNA testing, or innocence claims, and confirm they are licensed in Washington.

  4. Arrange consultations promptly: Ask whether the lawyer has handled cases in Pierce County and Division II, and whether they can review the file before any deadline passes.

  5. Ask for a case-specific assessment: Discuss possible legal grounds, missing records or testing, deadlines, risks, likely next steps, and whether another specialist may be needed.

  6. Compare written fee agreements: Before hiring, confirm the scope of work, billing method, investigation or expert costs, and who will handle communications and filings.

  7. Request a written plan after hiring: Agree on immediate deadlines and a records-gathering schedule, then review progress regularly as the lawyer evaluates possible filings.

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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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