The criminal justice system makes lots of mistakes! We all hear stories about people who are wrongfully and unfairly convicted of crimes. Sometimes the police do things that are illegal. Sometimes prosecutors take advantage of criminal defendants.Sometimes defense attorneys make serious mistakes that result in people being convicted unjustly.
You have a right to appeal your conviction!
If you have been convicted of a crime, and you disagree with the conviction, you have the right to appeal the conviction to a higher court. But be careful--- the court rules for appeals are complicated and there are short time limits you must follow. If you fail to follow these rules, or don’t make the correct arguments, you may lose. In New York, even knowing which court to appeal to can be a challenge.
You need an experienced lawyer who can guide you through the confusing maze of the criminal appeal system.
Our Experience with appeals
Our lawyers have many years’ experience helping people fight unfair convictions through the appeals system. We have handled appeals of many types of cases including:
- Felonies (homicide, robbery, burglary, sex crimes and other crimes)
- Misdemeanors (theft, shoplifting, and other crimes)
- Domestic abuse cases
- Drug offenses
- Drunk driving and other traffic violations
Our lawyers know how to navigate this system. They are tough, smart and understand how intimidating and confusing criminal justice can be. They have helped scores of people who believe they have not received fair treatment from trial courts,have been illegally treated by prosecutors or police, or have been poorly represented by their trial lawyers.
Appealing a Criminal Case in New York
Filing an appeal in New York is complicated. Even the names of the courts can be confusing. At the trial court level, felony cases are held either in courts called “supreme courts” or “county courts”. Misdemeanor cases are heard in by village, town or justice courts or by courts simply called “criminal courts”. If the conviction is for a felony, the appeal will be to a court called the “Appellate Division”. If it is a misdemeanor, it will generally be appealed to an “appellate term” or “county court.” What court you will appeal to depends on the type of case and the place where the trial court is located. This is a decision about which you need expert advice.
Knowing where to bring the appeal is extremely important, and lay people often make mistakes. It is also important to know what issues should be argued in the appeal, and the documents that should be filed to support the appeal.
Time Limits
There are strict time limits for filing an appeal. Usually a criminal case must be appealed within 30 days. Filing the appeal on time is vitally necessary, and failing to do so will usually result in you losing the appeal. There are also time limits for filing other documents and things that are needed for the appeal.
Judges are people!
Knowing the legal philosophy and views of the judges on an appellate court often makes a difference in what arguments should be made in the appeal. Our lawyers have years of experience with the New York legal system, know the appeals judges well, and know how to craft an appeal that will have the best chance of success in a particular court. We have particularly extensive experience in the courts of Queens, Nassau or Suffolk counties.
Call us Today!
Expert advice is almost always necessary for a successful appeal. The highly- experienced and talented lawyers in our firm understand and empathize with the distress that is created by the criminal justice system. They will provide you with the best possible guidance through the complex appeals process.
