STATE & FEDERAL
CRIMINAL APPEALS
The appellate process is far different from the trial or plea negotiation stage of a criminal case. Unlike at trial, appeals focus on finding and correcting errors at trial or pretrial proceedings, specifically whether the prosecutor, judge, or defense attorney made a mistake. The appellate court is not a trier of facts, it is a court of review.
The success or failure of an appeal often hinges on the strength of legal arguments, effective writing, and oral argument an appellate lawyer makes before the appellate court. An appellate attorney must be able to convince a panel of judges, rather than a jury, that a mistake was made at trial or sentencing by the lower court. Successfully handling criminal appeals requires superb legal reasoning, analysis and writing skills, in-depth knowledge of the law, and innovative, critical thinking. As clearly demonstrated by the video appearing below, in which Dan is presenting oral arguments to the North Carolina Supreme Court, Dan possesses all of these qualities and more.
Dan is a Board Certified Specialist in Appellate Practice. He has extensive experience handling criminal appeals before the North Carolina Court of Appeals, the North Carolina Supreme Court, and the U.S. Court of Appeals for the 4th Circuit. Dan is a former law clerk for the Chief Judge of the North Carolina Court of Appeals, where he began his legal career.
The foundation for a successful appeal must often be laid at or before trial. Daniel M. Blau understands how to preserve appellate issues during the pretrial and trial stages. Dan understands not only how to successfully pursue appeals, but also how to effectively prepare cases for appeal at the earliest possible step in the process before trial even begins. Over the past ten years, Dan’s appellate and post-conviction advocacy has led to the reversal of more than 20 serious felony and misdemeanor convictions and has saved his clients a combined 150 years in prison and years of probation and post-release supervision. Please call Dan today for a free and confidential consultation at (919) 256-3605.
919-256-3606
In this video, Dan makes oral argument in an appeal to the North Carolina Supreme Court, at its historic, first-ever session in Asheville in May 2018. This video precisely illustrates how an appellate lawyer applies the law and then argues that applicability on behalf of a client before and with our State's most nimble and highly regarded legal minds.
What Our Clients Say
Dan went above and beyond handling my case: Assault with a deadly weapon with intent to kill, inflicting serious injury. He kept me informed every step of the way, got me in contact with a private investigator and even had the news groups remove my address from their websites. Oh yeah, I forgot to mention, my case was dismissed!
From Avvo - Anonymous, June 2013
Dismissed!!!
I hired Dan Blau after I lost my case in the Supreme Court of North Carolina. He explained that we had a chance to win my case on a motion for appropriate relief. They are generally difficult to win but he was able to get all of my convictions overturned and dismissed. He was always great about keeping me updated and informed. I highly recommend him!
From Avvo by Anna 4/2018
Charges Dismissed!
After much searching online and multiple consultations face-to-face, I decided to hire Dan Blau as my attorney. Dan's commitment to providing informative, well-thought outlegal counsel; consistent communication and patience in answering any and all questions I had along the way; and effectiveness in generating the best possible outcome for my case are truly appreciated.
From Avvo by Will, July 2017
Top Quality Service and Best Results Possible
Dan Blau is a wonderful attorney. He was on our side from the beginning. He continually kept us informed. He did such a great job fighting for my Uncle's freedom. HE WON OUR APPEAL and helped reduce my uncle's sentence from 30 years to max 5 years. I highly recommend him.
From Avvo by Renee, June 2013
WE WON OUR APPEAL THANKS TO DAN BLAU
My wife received a citation in an accident, and Dan took care of everything, getting the ticket dismissed. I've referred several friends and clients of mine to him and have always gotten great feedback from them.
From Avvo by Steve, October 2013
Great Job Handling Ticket
Dan has been always responsive and gave me real information on my case & did the needful to get the positive outcome.I would certainly recommend Dan.
From Avvo - Anonymous, June 2013
Responsive
THOUSANDS OF CASES | DOZENS OF APPEALS | QUALIFIED SUCCESS
Order Vacated
State v. M.M., 209 N.C. App. 466 (2011) Client was ordered to enroll in lifetime satellite-based monitoring. RESULT ON APPEAL: Order vacated due to lack of jurisdiction.
Convictions Reversed
State v. L.P., 2011 N.C. App. LEXIS 1535 (2011): Client was convicted of misdemeanor larceny and sentenced to probation. RESULT ON APPEAL: Convictions reversed due to lack of evidence.
New Hearing Ordered
State v. A.N., 778 S.E.2d 863 (2015) Client pled guilty to robbery and was placed into deportation proceedings as a result of his convictions. RESULT ON APPEAL: New hearing ordered due to former attorney misadvising client about the consequences of his guilty plea.
New Trial Granted
State v. S.C., 802 S.E.2d 531 (2017) Client was convicted of felony assault and was sentenced to 65-90 months in prison. RESULT ON APPEAL: New trial granted due to violation of client’s constitutional rights at trial. (Appeal remains pending.)
Convictions Reversed
State v. G.B., 217 N.C. App. 380 (2011) Client was convicted of forgery and habitual felon and was sentenced to 70-93 months in prison. RESULT ON APPEAL: Convictions reversed due to lack of evidence.
New Trial Granted
State v. T.L., 217 N.C. App. 455 (2011) Client was convicted of robbery and kidnapping and was sentenced to 71-104 months in prison. RESULT ON APPEAL: New trial granted due to judge refusing to admit important defense evidence at trial.
Convictions Vacated
State v. J.D., 2017 N.C. App. LEXIS 327 (2017) Client was convicted of marijuana charge and habitual felon and was sentenced to 76-116 months in prison. RESULT ON APPEAL: Convictions vacated due to defective search warrant.
New Trial Granted
State v. S.R., 223 N.C. App. 325 (2012): Client was convicted of sex offenses and was sentenced to 307-378 months in prison. RESULT ON APPEAL: New trial granted due to judge allowing improper expert testimony at trial.
Convictions Vacated
State v. A.H. (2018) Client was convicted of multiple felony and misdemeanor counts of possessing weapons on educational property. RESULT ON POST-CONVICTION: All convictions vacated after statutes were ruled to be unconstitutional.
Conviction Vacated
State v. K.P. (2018) Client was convicted of first-degree murder and sentenced to life in prison. RESULT ON POST-CONVICTION: Conviction vacated due to ineffective assistance of counsel; client released with time served.
Please note that these are examples of prior cases in which we have obtained a positive result for our client. Every case is different, and we cannot guarantee a specific result in your case.