How Long Island Criminal Defense Lawyers Can Help with Appeals

How Long Island Criminal Defense Lawyers Can Help with Appeals

Facing criminal charges is stressful enough, but if you are convicted and want to appeal, the complex legal process can feel overwhelming. As a Long Island resident, working with an experienced local criminal defense lawyer from the start can help ensure your rights are protected and increase the chances of a successful appeal. This article covers common reasons for appeals in New York, how the appeals process works, and ways a knowledgeable attorney can assist you.

Grounds for Appeals in New York State

There are several potential grounds for appealing a New York state criminal conviction, including:

• Violations of due process rights or civil liberties violations – If the court violated your Constitutional rights, such as your right to a speedy trial, right to counsel, protection from unlawful search and seizure, or other rights, that can form the basis for an appeal.
• Insufficient evidence – If the prosecution did not provide enough evidence for a reasonable jury to find you guilty beyond a reasonable doubt, you may appeal on grounds of insufficient evidence.
• Ineffective assistance of counsel – If your attorney did not provide competent representation, like failing to call key witnesses or make important objections, that could mean grounds for appeal.
• Prosecutorial or judicial misconduct – If the judge or prosecutor behaved inappropriately in ways that substantially impacted your case, like failing to share key evidence, making improper statements, demonstrating clear bias, etc., that misconduct could justify an appeal.
• Sentencing errors or excessiveness – If the judge makes mistakes during sentencing, like incorrectly calculating sentencing guidelines or failing to take mitigating factors into account, or if the sentence seems extremely excessive for the crime, you may be able to appeal the sentencing.

The Appeals Process in New York

The appeals process has strict deadlines and complex rules. Here is a basic overview:

• Notice of Appeal – This must be filed with the trial court within 30 days after the judgment or order. This puts the court and prosecution on notice you plan to appeal.
• Record on Appeal – This includes all the documents and transcripts from the trial court and is provided to the appeals court. There are rules about what must be included.
• Briefs – These legal documents explain why you are appealing and the law supporting your arguments. Prosecution will also submit briefs.
• Oral Arguments – Some appeals courts hear spoken arguments, while others rely solely on briefs.
• Appeals Court Decision – A panel of appeals court judges will decide if errors were made that justify reversing or modifying the conviction.

How a Long Island Criminal Appeals Lawyer Can Help

Working with an attorney experienced specifically in appeals can increase your chances of success. Here is how they can help:

Preserving the Record

An appeals lawyer starts working on your case well before the notice of appeal, reviewing all documents and transcripts to identify potential appealable errors. They can request records be corrected or supplemented to protect your rights.

Meeting Deadlines

Missing strict filing deadlines can ruin appeal chances. A dedicated appeals lawyer knows all requisite deadlines and requirements to keep the process moving properly.

Drafting Persuasive Briefs

Briefs require legal expertise to effectively explain judicial errors and why the law supports reversing your conviction. Experienced brief writers can cite statutes and precedents for best effect.

Preparing for Oral Arguments

An attorney well-versed in appeals can help prepare and practice arguments to make the best impression on judges.

In-Depth Knowledge of Appeals Courts

Understanding how specific appeals courts and judges have ruled historically better informs case strategies. Long Island criminal appeals specialists have experience with the NYS appellate division.

There are many intricacies within New York’s appeals process that skilled criminal appeals lawyers understand inside-out. Their expertise can prove invaluable if you want to challenge a conviction. Reach out for a consultation if considering an appeal.