New York City Criminal Appeals Lawyer
If you have been convicted of a crime in New York City, you have an automatic right to appeal your case, but there is no time to wait. Challenging a criminal conviction can be a daunting process, which is why you need an experienced and aggressive legal advocate every step of the way.
A New York City criminal appeals lawyer can help you determine your best course of action and build a comprehensive appellate strategy.
A criminal appeal in New York must follow strict deadlines and involves a complex review of the trial court proceedings. Appellate judges review the trial records for errors that influenced the verdict, and whether errors during the trial impacted the defendant’s right to a fair trial. A skilled lawyer must present a strong case for appeal and highlight any error supporting the grounds for appeal.
A criminal appeal involves a careful and time-consuming review of the trial record. For defendants hoping to appeal a guilty verdict, it is critical to retain a knowledgeable New York criminal appeals attorney who knows the appellate process and will work hard on your case.
Overview of Post-Conviction Criminal Appeals Process
In New York City, individuals have a right to appeal a conviction and/or sentence to an intermediate appellate court. If a person wants to appeal a New York City conviction or sentence, their local criminal appeals attorney must file and serve a notice of appeal.
The notice of appeal must be filed and served within thirty days of the date the judgement of conviction is entered, which is usually the day of sentencing.
The post-conviction criminal appeals process begins after a guilty verdict has been rendered by a jury and the judge has sentenced the defendant. The intermediate appellate court is below the highest court in New York, the New York Court of Appeals, but above the trial court.
The nature (i.e. misdemeanor or felony) and location of the conviction will typically determine which one of the intermediate appellate courts will hear the appeal.
Grounds for Appeal in New York City
An appeal is essentially asking a higher court to review the trial court’s decision and to reverse or modify it. When a person appeals a conviction or sentence, they are claiming not only that the trial court made errors, but that those errors warrant some form of affirmative relief (e.g. granting a new trial).
The two categories of issues that can be addressed by the appellate court are issues of fact and issues of law. It is important to understand that the appellate court will only consider matters that are part of the official record from the trial court so it cannot hear new evidence on appeal.
Generally speaking, the appellate court will not consider any errors or issues unless it was preserved for review.
Examples of possible grounds for appeal include, but are not limited to:
- Insufficiency of evidence
- Ineffective assistance of counsel
- Trial judge made a mistake of law
- Incorrect or prejudicial jury instructions
- Improper exclusion or admission of evidence
- Sentencing errors
- Plain errors
- Jury misconduct
- Prosecutor misconduct
- Possible Outcomes in Criminal Appeals
The appellate court may affirm, reverse, or modify all or part of the trial court’s decision. Some of the possible outcomes in the local criminal appeals process are:
- Reversal of trial court’s decision in its entirety (very rare)
- Vacating a judgement
- Granting a new trial
- Modifying a sentence
- Granting a hearing on a specific issue
- Affirming the conviction
There is typically only a right to one appeal, meaning that if a person loses their first appeal at the intermediate court level, he or she can request discretionary review from the New York Court of Appeals, but the court is not required to hear the case. A local attorney is familiar with the processes of New York City criminal appeals and can help determine the best course of action in a case.
What Does a New York Criminal Appeals Lawyer Do?
Once hired to represent the defendant, an appeals lawyer will review all aspects of the trial court transcripts and evidence used at trial. The purpose of this review is to identify errors that will support grounds for an appeal. The attorney will then file a legal document known as an appellate brief and all other documents needed to start the appeals process in the court that has jurisdiction over the appeal.
The appellate brief will explain the errors made at trial, and their impact on the outcome of the case. The defendant is known as the “appellant”, and the responding party is the “appellee”. The appellee will have a deadline to respond to the appellate brief with a brief of their own. Then, the appellate court typically schedules oral arguments for both sides to explain their positions and why the appellate judges should rule in their favor.
The Law Offices of Jeffrey Lichtman will work hard to make your appellate case as strong as possible each step of the way. The appeals process is critical because it is typically the only opportunity a defendant gets to have their verdict overturned or remanded for a new trial.
What Happens Next if My Appeal Succeeds?
If the appeal succeeds, the Appellate Division can order a retrial of the case or even overturn a verdict and dismiss the case completely. The appellate judges can also uphold the trial court’s verdict and deny the appeal. Most successful appeals involve the trial court being ordered to try the case again. The purpose of a remand is to correct the errors made at the first trial, to ensure the defendant gets a fair trial.
On remand, the case will go back to where it began, and the process of preparing for a new trial could take several weeks or months. An experienced appeals attorney will help you navigate the next steps if your appeal prevails.
How Do I Know If I Have a Good Case for Appeal?
Whether a case stands a strong chance at the appellate level depends on different factors. In cases involving misconduct, plain error, improperly included evidence, or ineffective assistance of counsel, an appellant might have a strong likelihood of succeeding in their appeal. If the appellant is simply unhappy with the trial court result and is looking for a “second chance,” an appellate court is less likely to side with their claim.
A New York City appellate lawyer with a strong track record can identify the issues in your case that help your claim. At the same time, experienced appeals attorneys will be able to recognize any flaws in your potential appeal and give you a realistic analysis of what to expect.
Work with a New York City Criminal Appeals Attorney
A New York City criminal appeals lawyer can answer your questions about the appeals process for criminal convictions in New York City and help you fight for the most favorable outcome possible. Contact an attorney today to discuss your right to appeal.