Practice Areas
Any content on this page is strictly for informational purposes and in no way should be used as legal advice. The Law Office of Randal B. McDonald prides itself on educating and empowering its clients.
Criminal Appeals
Criminal appeals allow a person found guilty in a trial to ask a higher court to review the case to see if any legal mistakes were made that may have affected the outcome. The higher court will review the trial record and decide whether to uphold the conviction, overturn it, or return it to the lower court for a retrial. The appeals process ensures that legal procedures were followed and justice was served. It is not a new trial; new evidence or witnesses are only sometimes allowed.
How the Law Office of Randal B. McDonald Can Help:
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- Review trial record for legal errors
- Research legal issues and arguments
- Prepare and file necessary documents
- Advocate during oral arguments
- Hire expert witnesses, if needed
- Communicate with client regularly
- Negotiate plea agreement, if appropriate
- Prepare for retrial, if necessary
- Provide guidance and advocacy throughout the process
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CIVIL APPEALS
Civil appeals allow a party to challenge the outcome of a civil trial in a higher court. This process allows a party to request a review of their case to determine whether legal errors or mistakes were made during the trial that may have affected the outcome. Appeals must be based on specific legal grounds, and the higher court will review the record of the trial to decide whether the decision should be upheld, overturned, or sent back to the lower court for a retrial. It is not a new trial; new evidence or witnesses are only sometimes allowed.
How the Law Office of Randal B. McDonald Can Help:
- Review trial record for legal errors
- Research legal issues and arguments
- Prepare and file necessary documents
- Advocate during oral arguments
- Hire expert witnesses, if needed
- Communicate with client regularly
- Negotiate plea agreement, if appropriate
- Prepare for retrial, if necessary
- Provide guidance and advocacy throughout the process
Federal habeas
A federal habeas corpus petition is a legal action that allows a person convicted of a crime in state court to challenge their detention in federal court. This process allows a person to claim that their constitutional rights have been violated and are being held unlawfully. A federal court will review the person’s claims and may order a new trial or release the person if their rights were violated. However, federal habeas corpus relief is a complicated and difficult process, and strict time limits and procedural requirements must be met.
How the Law Office of Randal B. McDonald Can Help:
- Review state court record for legal errors
- Research legal issues and arguments
- Identify constitutional violations
- Prepare and file necessary documents
- Advocate during evidentiary hearing
- Hire expert witnesses, if needed
- Communicate with client regularly
- Negotiate plea agreement, if appropriate
- Provide guidance and advocacy throughout the process
PAROLE HEARINGS
A parole hearing is a legal proceeding that takes place when an individual who has been sentenced to prison becomes eligible for parole. At the hearing, a parole board will review the individual’s case and make a determination as to whether they should be released from prison early and placed on parole, which is a period of supervision in the community. The parole board will consider a variety of factors in making their decision, including the individual’s criminal history, behavior in prison, plans for post-release supervision, and the risk they pose to the community. The individual may have the opportunity to speak to the board and present evidence or testimony in support of their case.
The outcome of a parole hearing can have a significant impact on an individual’s life, as it can determine when they will be released from prison and what conditions they will be subject to during their period of parole. It is important to have an experienced attorney to help prepare for a parole hearing and advocate for the individual’s rights and interests.
How the Law Office of Randal B. McDonald Can Help:
- Advise client on the parole hearing process and potential outcomes
- Review client’s case file and identify issues that may impact parole
- Prepare and submit a parole plan to the parole board
- Advocate for client’s release during the hearing
- Present evidence and testimony in support of client’s release
- Cross-examine witnesses who testify against client
- Address concerns or objections raised by the parole board
- Negotiate the terms of the parole, if granted
- Advise client on the conditions of the parole and the consequences of violating them
- Provide guidance and support throughout the process
State Post-Conviction
State post-conviction relief is a legal process that allows a person convicted of a crime in state court to challenge their conviction or sentence. The process is available to individuals who believe that their constitutional rights were violated during their trial, sentencing, or appeal.
This can include claims such as:
- ineffective assistance of counsel
- newly discovered evidence
- prosecutorial misconduct.
State courts will review the person’s claims and may grant relief if their rights were violated. Relief can take many forms, such as a new trial, a reduced sentence, or the vacation of the conviction. However, state post-conviction relief is a complex and lengthy process, and strict time limits and procedural requirements must be met. It is important to have an experienced attorney to help navigate this process and ensure that all necessary steps are taken to protect the individual’s rights.
How the Law Office of Randal B. McDonald Can Help:
- Review trial record for legal errors
- Research legal issues and arguments
- Identify constitutional violations
- Prepare and file necessary documents
- Advocate during evidentiary hearing
- Hire expert witnesses, if needed
- Communicate with client regularly
- Negotiate plea agreement, if appropriate
- Prepare for retrial, if necessary
- Provide guidance and advocacy throughout the process.
Contact Our Firm
Randy is here for you.
At The Law Office of Randal B. McDonald, I am here to listen to you and help you navigate the legal system.
602-325-3092 | [email protected]
