Facing a criminal conviction can be one of the most difficult experiences in life. If you’re reading this, chances are you are feeling overwhelmed by the verdict of your case. You may be confused about the next steps, or worried about how to challenge a decision you believe was unfair. In moments like these, it is important to know that you are not alone. At Arthur L. Pressman, Attorney at Law, we understand the fear and frustration that comes with a criminal conviction. If you are considering appealing your case, we are here to guide you through New York State’s criminal appeals process and help you fight for a successful outcome.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Understanding the Criminal Appeals Process
The criminal appeals process in New York is the legal avenue you may take if you believe there was a mistake in your case that led to a wrongful conviction or an unjust sentence. An appeal allows you to ask a higher court to review the decisions made during your trial, such as how evidence was handled, whether legal rules were followed, or if you received a fair trial. It is not the same as a retrial, and the higher court will not re-examine the facts of the case. Instead, they will review the legal arguments to see if any errors occurred that impacted the outcome.
The first step in this process is understanding that you have a limited time to file an appeal. In New York, you generally have 30 days from the date of your sentencing to begin the appeal process. This is a crucial timeline, and missing it can result in losing your right to appeal. Therefore, it is vital to contact an experienced attorney as soon as possible if you are considering an appeal.
The Role of a Criminal Defense Attorney in the Appeals Process
Navigating the criminal appeals process is not easy, and it is critical to have a skilled attorney on your side to guide you through the steps. The appeals process is highly technical, and it differs from the trial phase in many important ways. While a trial focuses on presenting evidence and proving your innocence or guilt, an appeal focuses on identifying legal errors that may have occurred during the trial.
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An experienced criminal defense attorney will carefully review the trial record, which includes all the evidence presented in court, witness testimony, and the rulings made by the judge. They will look for any mistakes made by the prosecution, the judge, or even your original defense attorney that could have influenced the verdict or your sentence. These could include errors in jury instructions, improper admission of evidence, or failure to properly advise you during the trial.
If an error is found, your attorney will write a brief arguing why the decision should be overturned or modified. This brief is submitted to the appellate court, which is responsible for reviewing the case. A lawyer who is well-versed in appeals can help ensure that all potential errors are identified and presented in the best possible way.
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The Appellate Court’s Role in New York
The appellate court in New York is tasked with reviewing the legal aspects of your case, not the factual details. They will not hear new evidence or re-evaluate witnesses. Instead, they focus on the legal arguments made in the briefs submitted by your attorney. In some cases, the court may request oral arguments, where both your lawyer and the prosecutor present their positions. However, even with oral arguments, the court’s decision is based on the written record of the trial and the legal issues involved.
The appellate court will make one of three possible decisions: it can uphold the conviction, reverse the conviction, or send the case back to the lower court for a new trial. In some instances, the court may reduce your sentence if they find the original sentence was too harsh or based on a legal error. Understanding the potential outcomes and the importance of presenting a strong argument is crucial in maximizing your chances of success on appeal.
The Different Levels of Appeals in New York
In New York, there are multiple levels of appellate courts, each with a different role in the appeals process. The first level is the Appellate Division of the Supreme Court, where most criminal appeals are filed. This court has four departments, and your case will be reviewed by the department that covers the area where your conviction occurred.
If your case is denied at the Appellate Division, you can appeal to the New York Court of Appeals, which is the highest court in the state. However, it is important to note that the Court of Appeals is very selective about which cases it chooses to hear. It does not review every case and will only take up issues of significant legal importance. If the Court of Appeals denies your appeal, you may have limited options for further legal action.
Case Results
The Importance of Timing in Criminal Appeals
As previously mentioned, time is a critical factor in the criminal appeals process. The sooner you begin the process, the better your chances of success. The first deadline you will need to be aware of is the 30-day window to file a notice of appeal. After this, your attorney will begin the process of reviewing your trial record and drafting legal briefs. It is important to adhere to all deadlines and procedural rules to avoid any unnecessary delays or complications.
Appeals can take several months or even years to resolve, depending on the complexity of the case and the court’s schedule. During this time, your lawyer will continue to work on your behalf, advocating for a favorable outcome. While this may feel like a long process, it is essential to remain patient and stay in communication with your attorney to ensure everything is moving forward.
Possible Outcomes of a Criminal Appeal
When appealing a criminal conviction, there are several possible outcomes. The appellate court may uphold the conviction if they believe the trial was fair and the legal process was followed correctly. However, if the court finds that errors were made during the trial, they may reverse the conviction, which could result in the charges being dismissed, or they may send the case back to the lower court for a new trial.
In some cases, the appellate court may decide to reduce the sentence without overturning the conviction. This could happen if the court determines that the sentence was too harsh or that certain sentencing guidelines were not properly followed.
Regardless of the outcome, it is important to remember that an appeal can provide a second chance for justice, especially if you believe the initial verdict was flawed.
Why You Need an Experienced Criminal Defense Attorney
The criminal appeals process is a complex and highly detailed area of law. It requires a deep understanding of both legal principles and the procedures that govern appellate courts. At Arthur L. Pressman, Attorney at Law, we know how difficult it can be to face a conviction and are committed to providing you with the support and legal representation you need during this challenging time.
We will work closely with you to identify any errors in your trial that could form the basis for a successful appeal. Our goal is to help you navigate the complex appeals process and fight for a favorable outcome. If you have been convicted of a crime in New York, and you believe that errors were made in your case, contact us today to discuss your options. We are here to help you seek the justice you deserve.
Let us guide you through New York State’s criminal appeals process and fight for a positive resolution in your case.