How a Brooklyn Defense Lawyer Can Help File an Appeal in New York State Court or Federal Court
You have the ability to challenge the conviction via an appeal.
If you suspect there were issues with how you were convicted, such as an error of law or evidence, you should retain the services of a skilled and knowledgeable Brooklyn Federal attorney to review your case and file an appeal on your behalf.
Understanding Federal Criminal Appeals
Federal convictions are generally handed down in one of the four District Courts – the Northern District, Southern District, Western District, or Eastern District.
Generally, if you want to appeal a federal criminal conviction in New York, you will need to file with the Second Circuit Court of Appeals. The time limit for entering the appeal is 15 days from the date of your sentencing, so not delay if you intend to appeal against a federal conviction
Understanding State Criminal Appeals
In New York, all felony appeals and some misdemeanor appeals are heard in one of four Departments of the Appellate Division of the Supreme Court. First, your attorney needs to file an initial Notice of Appeal. This Notice is a declaration of your intention to appeal a conviction.
Where you file the Notice depends on the rules of the court you were convicted. Many courts will accept the Notice, but others will require you to file directly with the correct Appellate Court. The time limit for filing the Notice is 30 days from the date of conviction. If you file late, your appeal may be rejected.
Next, you need to “Perfect the Appeal“, which means you must prepare your case to be heard by the appellate court. For example, a copy of court transcript from your trial will be necessary. The rules on perfecting an appeal can be quite confusing and complicated. For example, there are rules on when a Notice is considered correctly filed. Therefore, you should retain the services of an experienced appellate attorney to help ensure this filing is completed correctly.
Grounds for Appeal
It is important to understand that you need to have some basis to challenge the determination of the trial court. Simply appealing for the sake of filing an appeal is a road to nowhere. In most instances, successful appeals in New York attempt to show that serious errors occurred during your criminal trial. Here are some examples of common grounds for appeals:
- Errors of law.
- Errors of sentencing (such as the sentence was too harsh).
- Errors made by the prosecution in preparing their case against you.
- Insufficiency or invalidity of evidence.
- Inadequate instructions were given to the jury by the judge.
What is the Outcome of a Successful Appeal?
If your appeal is successful, there may be a number of positive outcomes, including:
- The ordering of a retrial.
- Modification of your sentence.
- Overturning your criminal conviction.
Take Action – Contact an Experienced Appellate Lawyer in Brooklyn Today
As you can tell, the court system in both state and federal courts can be quite complicated. That is why it makes sense to retain the services of a knowledgeable criminal appeals lawyer with the Bukh Law Firm, PLLC. Our legal team offers years of experience handling complex appeal court decisions.
Our Brooklyn defense lawyers offer the necessary skills to successfully guide you through complex court appeal issues with the attention, respect and dignity your case deserves. Do not hesitate to contact our firm today. We are ready to get to work for you.