How to Get a Federal Conviction Vacated in New York City

How to Get a Federal Conviction Vacated in New York City

Getting a federal conviction overturned is a complicated process, but it can be done if you have grounds for appeal. This article will walk you through the basic steps for vacating a federal conviction in New York City.

Determine if You Have Grounds for Appeal

The first step is figuring out if you have legal grounds to appeal your conviction. There are several potential reasons a conviction could potentially be overturned:

• Procedural errors during your trial – For example, if evidence was improperly admitted or you didn’t get access to exculpatory evidence that could have helped your case.
• Ineffective assistance of counsel – If your lawyer made serious mistakes that negatively impacted your case.
• Prosecutorial misconduct – If the prosecution behaved improperly in ways that affected the outcome.
• Change in the law – If the law under which you were convicted has changed since your trial.
• New evidence – If new exculpatory evidence has come to light that wasn’t available at your original trial.

If you believe you may have grounds for appeal based on one of these reasons, the next step is finding a lawyer to help you through the process. Federal appeals are very complex, so having legal counsel is essential.

Find an Experienced Federal Appeals Lawyer

Overturning federal convictions is notoriously difficult, so you need an attorney who specializes in federal criminal appeals. When looking for a lawyer:

• Seek out attorneys with extensive experience handling federal appeals, especially in the Second Circuit which covers New York.
• Look for someone who has a track record of successful appeals.
• Be sure they have experience with the specific legal issues in your case.
• Consider boutique firms that specialize in appeals rather than a general practice lawyer.
• Ask about the lawyer’s strategy for arguing your appeal and gauge if you feel confident in their approach.

Cost may also be a factor, as experienced federal appeals lawyers often charge $200-$500+ per hour. If finances are tight, you may qualify for a court-appointed lawyer or pro bono assistance. The appeals process is very time-sensitive though, so move quickly in finding representation.

File Your Notice of Appeal

Once you’ve secured a lawyer, they will start by filing a Notice of Appeal. This is a simple document indicating your intent to appeal your conviction. It must be filed within 14 days of the judgment in your case. The notice is filed in the district court where you were originally convicted and will include:

• Your name and case details
• A statement that you are appealing to the appropriate federal Circuit Court of Appeals (for New York, this is the Second Circuit)
• Your signature or your lawyer’s signature

This puts the wheels in motion for your appeal. After filing, the district court will prepare the record of your case and forward it to the appeals court.

The Government Files a Response

After you submit your opening brief, the U.S. Attorney’s Office will file a response defending your conviction. Their brief will counter your legal arguments and explain why they think your conviction should stand. At this point there is an opportunity for you to file a reply brief responding to their arguments.

Oral Arguments May Be Heard

Many federal appeals are decided solely on the briefs. But in some cases, the court will hold oral arguments where each side presents their case in person. This gives the judges a chance to directly question the lawyers about the issues. Oral arguments typically last 10-20 minutes per side. They take place before a panel of three appeals court judges.

The Appeals Court Issues a Ruling

Finally, the appeals judges will issue a written decision on your appeal. This opinion will explain their legal reasoning and whether your conviction is affirmed or vacated. Appeals courts are hesitant to overturn convictions and will only do so if clear errors are found. If the appeals court rules against you, you may be able to appeal again to the U.S. Supreme Court, but those appeals rarely succeed.

Getting a federal conviction overturned on appeal requires strong legal grounds and excellent lawyering. But with persistence and a good appellate strategy, it is possible in some cases to get a conviction vacated. This complicated process is well worth it for those who have suffered a wrongful federal conviction.

References

Here are some references cited in this article:

Federal Rules of Appellate Procedure Rule 4 – Rules for filing a notice of appeal.

DOJ overview of appellate briefs – Details on what’s included in an appeals brief.

Second Circuit briefing schedules – Filing deadlines for appellate briefs.

Prosecutorial misconduct overview – Examples of prosecutor errors that could justify overturning a conviction.

Ineffective assistance of counsel – When inadequate representation may violate the 6th Amendment.