Understanding the Appeal Process
New York Criminal Defense
The Law Office of S.C. Davidson of White Plains can provide information on the criminal law appeal process to help defendants understand how the criminal appeals process works. In New York, any individual who has been convicted of a criminal offense is entitled to appeal their case to the appellate court. Depending upon the crime, the process may vary, which is why you should contact a criminal law defense attorney to find out information on how best to process with your individual case.
Criminal law appeals in New York usually need to be filed within 30 days of the sentencing of the defendant. Although it can take many months for an appeal to be heard, there is nothing to lose by filing an appeal, therefore if convicted at trial, you should have your defense lawyer file an appeal.
There are a number of reasons for filing an appeal such as legal error, unethical behavior of the jurors or discovery of new evidence that could potentially acquit you. Legal error is based on issues such as lack of satisfactory evidence to substantiate a guilty verdict, a judge’s instructions are provided to the jury incorrectly or there was evidence used during the criminal case that was inadmissible due to violation of constitutional rights. Generally, the appeal aims to have the case dismissed or for the convicted individual to be re-tried.
To reach a decision on an appeal, the appellate court looks at all the records and evidence of the trial, as well as written briefs given by both sides of the appeal and sometimes they will hear verbal arguments in special hearings. In most cases, winning your appeal means that your criminal case will be re-tried. If the appeal was filed because of procedure errors in the trial the case will be re-tried. If the appeal was filed due to inadequate evidence there is a possibility your case will be dismissed because the case most likely cannot be re-tried. If you lose an appeal, you can ask the Court of Appeals of New York to hear your case. If they decline to hear your appeal you move on to the United States Supreme Court. It is extremely rare for the United States Supreme Court to hear issues based on New York State criminal law unless it pertains to the Constitution.
To obtain more information in reference to the criminal law appeal process you should contact a defense attorney as soon as possible.
