When you are convicted of a crime your entire world is turned upside down. As such, it’s crucial to understand your rights to ensure that you are being penalized fairly. Please continue reading to learn how to appeal a conviction in New York and how a trusted Rockland County Criminal Defense Attorney can help guide you through these complex matters.
When Can I Appeal a Conviction in New York?
Unfortunately, criminal defendants cannot file an appeal simply because they are not happy with the outcome of their case. To appeal a criminal conviction, you must have legal grounds for doing so. Essentially, the court must show that the court made an error that is substantial or “material.” If the trial court made an error during court proceedings that affected the verdict, such as admitting evidence that should have been excluded or failing to allow the defense to present certain evidence, these errors may be grounds for an appeal. Alongside errors in trial proceedings, ineffective assistance of counsel may be another ground for an appeal. If your criminal defense attorney provided inadequate representation during the trial, you can argue that your right to a fair trial has been violated.
Moreover, if there is evidence that the jury engaged in misconduct, such as discussing the case outside of the deliberation room, this can be used as grounds for an appeal. If you believe that the judge’s rulings throughout the case were unreasonable, erroneous, or arbitrary, and not supported d by the factors or law in the case, this abuse of discretion may be grounds for appeal. Similarly, if the sentence imposed by the court was unjust or constitutional, you may have grounds to appeal the imposed sentence. If new evidence has surfaced that was not available at the time of the trial which would have had a significant impact on the verdict, this is grounds for an appeal.
What Are the Steps in the Appeals Process?
Although the appeals process can be complex, it allows you to challenge the verdict and potentially have your conviction overturned. As such, it’s important to understand what the appeals process entails. The first step in initiating this process is filing a Notice of Appeal. The Notice of Appeal must be filed either in person or by mail within 30 days of the date of the judgment. This legal document must include details of the case and your personal information. It’s important to file the Notice of Appeal on time as failure to file within the legally prescribed time limit can result in the appeal being dismissed.
After the Notice of Appeal is filed, you will need to submit an appellate brief arguing why the conviction should be overturned and then the court will schedule an oral argument. Each side will present their case to the judges. After considering the briefs and arguments, the appellate will issue a decision.
At The Law Office of Carl Spector, we are prepared to effectively represent your interests. Connect with us today to learn how we can help you fight to have your conviction overturned.
