Bronx Appeals Lawyer

Contrary to what many people believe, a criminal case does not always end upon the conclusion of the initial trial. If a jury finds that you are guilty of the charges brought by the state, you have a limited time to file an appeal of that verdict.

However, while every criminal defendant has the right to an appeal, appeals are usually only successful under very limited circumstances. You cannot argue that a jury simply decided the case incorrectly. Instead, you must demonstrate that an error of law negatively affected the outcome of your case. A Bronx appeals lawyer could work with you to examine the decisions made by the court during the case and determine if any of them were made in error or based on incorrect law. If so, your criminal defense attorney could help you pursue the necessary appeals to obtain a new trial.

When is an Appeal Appropriate?

In the State of New York, all defendants have the right to appeal a guilty finding against them in a criminal case. This right applies to all misdemeanors and felonies and is not affected by whether a guilty result occurred because of a plea or jury decision.

The clerk of the court issues a notice of right to appeal form following the end of all cases that end with a guilty verdict. This form lets the defendant know about their right to appeal. However, for an appeal to be successful, a defendant must argue that a mistake of law negatively affected their rights or ability to receive a fair trial.

Typically, only judges can make errors of law in this way. For example, a defendant’s Bronx appeals attorney may argue that certain evidence should not be presented to a jury because it is irrelevant to the case. If a judge overrules this objection, and the evidence is heard, this may be a mistake of law that harms a defendant.

How to Pursue an Appeal

As stated above, a criminal court will issue a notice of right to appeal form to all defendants at the end of their cases. This form states that defendants have 30 days to notify the court and prosecutor of their intent to appeal. To initiate the process, the defendant simply needs to check the appropriate box on the form and return it to the clerk.

Once this is complete, a defendant should consult with an appeals lawyer in The Bronx to discuss their options. That attorney could then file a formal notice of appeal, research the relevant areas of law, and submit the necessary paperwork and legal arguments to the appeals court that would hear the case.

Instead of the appeals court holding a new trial, the appealing defense attorney and a representative from the State would argue the points of law before a panel of judges. These judges would then either uphold the conviction or order the trial court to make changes. These changes can often result in a new trial, or in rare cases may completely vacate a conviction.

Filing a Late Notice of Appeal

The deadline to file the Notice of Appeal is firm in most cases. However, there are some exceptions that could extend this deadline or allow for the late submission of a Notice of Appeal. For example, a defendant whose lawyer either fails to file the notice during the 30-day notice period could ask for and receive additional time.

A request for the court to accept a late notice must be made in writing. The defendant must submit this motion to the appellate court no later than one year and 30 days from the original sentencing date.

What Evidence Does the Appeals Court Consider?

It is not possible in most cases to submit new evidence during the appeals process. Instead, the appellate court may only review the evidence submitted at the original trial. This makes it vital for a defendant to ensure all relevant evidence is included in the court record during the trial. However, it is possible to preserve evidence for appeal even when the court does not allow the jury to consider that evidence at the original trial. The appeals court may not only review any documentary evidence, but it may review physical evidence as well. Additionally, the appeals court may consider the recorded minutes of all past proceedings. A skilled attorney in the Bronx could make sure that all available evidence is reviewed by the appeals court.

Does a Defendant Have to Testify on Appeal?

A defendant does not have to testify during the appellate process. In fact, the law does not allow for additional testimony. If a defendant does not testify at their trial, there is no way for the appellate court to consider their testimony. If the appeals court sends the case back for a new trial, a defendant would have the opportunity to testify at the new proceeding.

Get in Touch with a Bronx Appeals Attorney Today

Anyone convicted of a criminal offense in New York has the right to file an appeal within 30 days of their conviction. If a judge has made an error of law during a case that harmed your chances of acquittal, a dedicated attorney could argue that an appeals court should reverse this decision. This could result in a new trial and a fresh chance at a positive outcome.

A Bronx appeals lawyer could represent your case before an appeals court, file the necessary paperwork, and author legal briefs to present to the court. The time to pursue an appeal is short, so call as soon as possible to start exploring your legal options.

Call Us Today
Experience. Tenacity. Results.
CALL US AT (212) 581-1001 For a Case Evaluation
Call Us Now