Hiring a Criminal Appeal Attorney to Fight Your Conviction in NYC

Hiring a Criminal Appeal Attorney to Fight Your Conviction in NYC

If you or a loved one have been convicted of a crime in New York City and want to appeal the conviction, hiring an experienced criminal appeal attorney is crucial. I know the prospect can be daunting — the legal system is complicated — but this guide will walk you through the basics of the criminal appeal process in NYC and how an attorney can help.

The Criminal Appeal Process in a Nutshell

After someone is convicted of a crime at trial or pleads guilty, they have the right to appeal the conviction or sentence. An appeal isn’t a new trial, though. You don’t get to present new evidence. Instead, you argue that there were legal errors made by the judge or lawyers during the original criminal case.

To start the appeal process, you need to file a “Notice of Appeal” within 30 days of the conviction. This is just a short legal document stating your intention to appeal. Next your attorney will order transcripts of the court proceedings and look for appealable issues — things like improperly admitted evidence, lack of proof beyond reasonable doubt, ineffective assistance by your trial lawyer, excessive sentencing, etc.

Your lawyer will then research the law on those issues and write a legal brief explaining why the conviction or sentence should be overturned. This gets submitted to an appellate court, which will schedule oral arguments allowing both sides to make their case. Finally, the appeals judges issue a written decision agreeing or disagreeing with your arguments.

It’s a long process that can take over a year. And the appeals court is very deferential to the original trial court, meaning they don’t like to second guess or overturn decisions. So having an experienced criminal appeal attorney in your corner is extremely important.

Why Hire an Appeal Specialist

The criminal trial and appeal processes are very distinct legal specialties. Trial lawyers focus on things like cross-examining witnesses, emotional pleas to the jury, and evidence rules. Appeals lawyers, on the other hand, spend their time poring over court transcripts, identifying technical errors, and making finely tuned legal arguments in briefs.

An experienced criminal appeal attorney knows how appellate judges think and what arguments have the best chance of success. They also know all the strict filing deadlines and obscure procedural rules that apply.

Perhaps most importantly, criminal appeals require excellent legal writing skills. The appeals court judges will only know your case from the written briefs — no witnesses or jury to appeal to emotionally. So everything rests on the quality of the legal arguments on paper.

Bottom line — if you want to maximize your chances of winning an appeal in NYC, hire a criminal appeal specialist, not a generalist or trial lawyer.

Finding the Right NYC Appeals Lawyer for Your Case

Not all criminal appeal attorneys have the same track record or level of experience. Here are some tips for finding the best one for your situation:

• Look for an attorney who focuses exclusively on criminal appeals and has at least 10 years experience handling appeals in New York.
• Find someone with past success getting convictions overturned from both trials and guilty pleas.
• See if they have experience with your type of charges — the law differs substantially for drug crimes, white collar offenses, sex crimes, etc.
• Ask about their working relationship with judges and prosecutors at the appellate courts in NYC.
• Be sure they have the time and resources to give your case the attention it deserves.
• Make sure you feel comfortable with their communication style and personality.

It also helps if the lawyer writes their own briefs instead of passing it off to junior associates. The quality of the brief will determine the success or failure of your appeal.

How Much Does a Criminal Appeal Lawyer Cost in New York City?

Costs vary based on the complexity of your case, but expect to pay at least $15,000 – $30,000+ for an appeal of a serious felony conviction in NYC. However, many criminal appeal attorneys offer flexible payment plans to spread costs over time.

It’s also important to understand that most appeal attorneys charge flat fees upfront for their services, win or lose. Some may give you a partial refund if the appeal fails, but don’t count on it. The upside is there’s no need to stress about surprise legal bills down the road.

Is an Appeal Worth it? Analyzing the Pros and Cons

Filing an appeal after a criminal conviction is a very personal decision with good arguments on both sides. It’s smart to meet with a lawyer to fully analyze the pros and cons for your specific case.

But generally speaking, some good reasons to appeal include:

• The conviction could ruin your career or lead to deportation
• You have a family to support and can’t afford jail time
• You have strong grounds for an appeal based on errors made at trial
• The costs are manageable compared to the downside risks
• An appeal could give you leverage for a favorable plea bargain

Some reasons you might hesitate on filing an appeal:

• Appeals rarely succeed due to the high legal bar (less than 10% win)
• You already received a light sentence from the trial court
• The appeal process will cause more stress and uncertainty
• If you lose the appeal, the court could impose an even longer sentence

Every case has unique factors to weigh, including your financial situation, career, immigration status, health, family obligations, and tolerance for risk. An experienced NYC criminal appeal lawyer can help objectively assess your options.

Final Thoughts – Act Quickly If You Want to Appeal!

One last word of caution — you only have 30 days from a criminal conviction to file your Notice of Appeal indicating your intent to appeal. After that, you lose your right to fight the conviction.

The clock starts ticking the day of the conviction, so you need to contact an attorney right away to get the ball rolling. Don’t wait around thinking you have plenty of time. Once the 30 days pass, there’s sadly nothing more than can be done.

Wishing you all the best with your criminal appeal! Let me know if you have any other questions.

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