Best Wrongful Conviction Lawyers in Washington

Act quickly: Washington post-conviction deadlines can limit your options

In Washington, challenging a conviction usually means seeking post-conviction relief through the courts. Depending on the case and its procedural history, options may include a motion in the county superior court or a personal restraint petition in the Court of Appeals.

Washington generally imposes a one-year limit on collateral attacks, with statutory exceptions. A separate state compensation claim may be possible after a conviction is overturned, but compensation is not automatic and has its own requirements.

When a Washington post-conviction lawyer may help

Legal help can be important when evidence, court records, and filing deadlines must be assessed together. Consider speaking with a lawyer promptly if:

• New DNA or other forensic evidence may exclude you, or evidence from your case may still be held by a law enforcement agency or laboratory.
• A witness has recanted, or new information raises questions about an identification made during a Washington investigation or trial.
• Police or prosecutors may have withheld evidence, including information that could have helped the defense.
• A forensic expert’s trial testimony may have been unreliable, overstated, or contradicted by later scientific developments.
• Your trial lawyer may have failed to investigate important evidence, present a defense, or advise you about a plea.
• Your direct appeal has ended, or the one-year collateral-attack deadline may be approaching or may already have passed.

Washington laws that may apply to a conviction challenge

RCW 10.73.090, “Limitation on time for collateral attack.” This statute generally sets a one-year limit for challenging a final judgment and sentence through a collateral attack. The date the judgment becomes final and the type of filing can affect the calculation.

RCW 10.73.100, “Exceptions to time limit.” This statute lists exceptions to the one-year limit, including certain claims based on newly discovered evidence. Whether an exception applies depends on the evidence, the timing, and the legal requirements for that exception.

RCW 4.100, “Compensation for wrongful conviction and imprisonment.” Enacted in 2013, effective July 28, 2013, this law provides a route to seek compensation when its requirements are met. A claimant generally must first obtain a qualifying disposition of the conviction and prove actual innocence under the statute.

Frequently asked questions

What does post-conviction relief mean in Washington?

It refers to legal procedures used to challenge a conviction or sentence after trial or a guilty plea. Depending on the case, a challenge may involve a superior court motion or a personal restraint petition in an appellate court.

Can I challenge my conviction after my direct appeal?

Possibly. Washington allows certain collateral challenges after a direct appeal, but the available procedure depends on the claim and the case history. A lawyer should review prior filings before choosing a route.

How long do I have to challenge a Washington conviction?

Many collateral attacks must be filed within one year after the judgment becomes final. Statutory exceptions may apply, but they are fact-specific and should not be assumed.

What evidence can support a post-conviction petition?

Potentially relevant material includes new forensic results, undisclosed evidence, recantations, or records showing problems with expert testimony. The evidence must satisfy the legal standard for the particular claim; a new allegation alone may not be enough.

Does new DNA evidence automatically overturn a conviction?

No. The court considers the testing results, the other evidence, and the applicable legal requirements. A lawyer can also assess whether testing can be requested and whether biological evidence remains available.

Can I seek compensation after my conviction is overturned?

Possibly, under RCW 4.100, if the case meets the statute’s requirements. A vacated conviction by itself does not guarantee compensation; the claimant must satisfy additional requirements, including proof of actual innocence.

Is compensation automatic when charges are dismissed?

No. A compensation claim is a separate legal process, with eligibility and proof requirements set by state law. A lawyer can review the final court orders and determine whether the statutory conditions appear to be met.

How long does a conviction challenge take?

There is no fixed timeline. Evidence collection, court schedules, appeals, and disputes over records can extend a case for months or longer.

Can I get a court-appointed lawyer?

Appointment depends on the proceeding and the applicable eligibility rules; it is not guaranteed for every post-conviction matter. Ask the court or the Washington State Office of Public Defense whether representation may be available in your circumstances.

How much does a post-conviction lawyer cost?

Fees vary with the records, investigation, expert work, and court proceedings involved. Before hiring counsel, request a written agreement explaining the fee structure, expected costs, and any expenses billed separately.

Official Washington resources

• Washington Courts: Provides official court information, rules, and procedural materials, including information relevant to appellate filings and personal restraint petitions.
• Washington State Office of Public Defense: Provides information about Washington’s public defense system and appointed representation. Contact the office to ask whether its services or eligibility rules apply to a particular post-conviction matter.
• Washington State Legislature: Publishes the official Revised Code of Washington, including RCW 10.73 and RCW 4.100.

Steps to find and hire a Washington post-conviction lawyer

1. Check deadlines immediately. Within the next few days, identify the judgment date, appeal history, and any prior post-conviction filings. Do not wait to finish gathering every record before asking about time limits.
2. Collect key documents. Gather the judgment and sentence, plea or trial records, appeal decisions, and any prior petitions or motions. Ask a trusted person to help obtain copies if you are incarcerated.
3. Preserve possible evidence. Make a list of witnesses, physical evidence, and records that may be at risk of loss. Tell a lawyer promptly if DNA material, recordings, or other evidence may need preservation.
4. Contact lawyers who handle post-conviction cases. In the first one to two weeks, ask about experience with Washington personal restraint petitions, newly discovered evidence, and compensation claims, as relevant.
5. Compare the proposed approach and costs. Ask what records and investigation the lawyer expects to review, what deadlines apply, and whether experts may be needed. Request a written fee agreement before work begins.
6. Confirm the next filing or investigation step. Agree on who will obtain records, contact witnesses, and monitor deadlines. Keep copies of all documents and written communications.