Here at The Law Offices of Eyal Talassazan, P.C., we are committed to effectively handling both state and federal criminal appeals on behalf of our clients. If something occurred during your trial that makes you think your conviction should be overturned, please don’t hesitate to contact a skilled Nassau County criminal appeals attorney from our legal team for help. We have extensive experience handling criminal appeals in New York State, and we stand ready to put this experience to work for you in your case as well.
Can I Appeal a Criminal Verdict?
In New York State, not every criminal conviction can be appealed, but there are specific circumstances under which an appeal is viable. Generally, you have the right to appeal if there were legal errors made during the trial that could have affected the outcome. These errors might include improper admission or exclusion of evidence, incorrect jury instructions, prosecutorial misconduct, or insufficient evidence to support a guilty verdict.
Additionally, if new evidence has come to light that could potentially exonerate you, this might be grounds for an appeal. It is essential to act quickly, as there are strict deadlines for filing an appeal after a conviction. Consulting with an experienced Nassau County appellate attorney will help determine if your case qualifies for an appeal and the best course of action to take.
What is the Criminal Appeals Process Like in New York?
Appealing a criminal verdict is a long, often complicated process. That said, a brief outline of the criminal appeals process in New York is as follows:
- Notice of Appeal: The first step in the appeals process is filing a Notice of Appeal with the court that issued the conviction. This document must be filed within 30 days of the conviction or sentencing date.
- Preparation of the Record on Appeal: Once the Notice of Appeal is filed, the appellant (the person appealing the conviction) must prepare the Record on Appeal. This includes all relevant documents from the trial, such as transcripts of court proceedings, evidence presented, and any motions or filings.
- Appellate Briefs: The appellant’s attorney will then draft and submit an appellate brief, which outlines the legal arguments for why the conviction should be overturned. This document is critical, as it details the errors believed to have occurred during the trial and how they impacted the verdict.
- Respondent’s Brief: After the appellant’s brief is submitted, the prosecution will have the opportunity to respond with their own brief, arguing why the conviction should be upheld.
- Oral Arguments: In some cases, the appellate court may schedule oral arguments, where attorneys for both sides present their cases and answer questions from the judges. This is an opportunity to further clarify and argue the points made in the written briefs.
- Appellate Court Decision: After reviewing the briefs and hearing oral arguments, the appellate court will issue a decision. This can take several months. The court may affirm the conviction, reverse it, or remand the case back to the lower court for further proceedings.
- Further Appeals: If the appellant is not satisfied with the appellate court’s decision, there may be additional opportunities to appeal to higher courts, such as the New York Court of Appeals or even the U.S. Supreme Court, though these courts have discretion in choosing which cases they will hear.
Contact a Criminal Appeals Attorney Today
For a seasoned criminal appeals attorney who can effectively fight for your future and freedom, simply contact The Law Offices of Eyal Talassazan, P.C. today. We are in your corner and on your side, every step of the way.