If you have been convicted of a crime in New York, you may be able to appeal the conviction. Please continue reading to learn the legal grounds for appealing a conviction and how our determined Nassau County Criminal Defense Attorneys can help you safeguard your future.
When Can I Appeal a Conviction?
Contrary to popular belief, a conviction for a criminal offense is not necessarily the end of the line for defendants. State law allows defendants to appeal a judgment of conviciton or the sentence imposed. However, criminal defendants cannot file an appeal simply because they are not satisfied with the outcome of their case. In New York, there are only a handful of reasons that warrant an appeal.
Essentially, the aggrieved party must demonstrate to the appeals court that the trial court made an error. In addition, the error must have been substantial or “material.” It’s important to note that harmless errors are unlikely to significantly impact the result at trial. As such, mistakes such as incorrect jury instructions, lack of evidence, or improperly admitted evidence are typically not grounds for reversing a judgment. If there was more than a harmless error made during court proceedings, the following legal arguments can serve as grounds for an appeal:
- The court made a severe error of law ( the error affected the defendant’s constitutional rights)
- There is not sufficient evidence to support the verdict ( a judge may have improperly allowed or disallowed evidence into trials where proper admission of evidence and testimony would have led to a different verdict)
- The court abused its discretion in making an errant ruling (if a judge’s ruling was unreasonable, erroneous, or arbitrary and not supported by the facts or law per the case)
- There was ineffective assistance of counsel (criminal defendants have the right to adequate legal representation and the right to a fair trial)
If any of the above-mentioned errors arose during court proceedings, it’s in your best interest to consult an experienced attorney who can help you navigate your options for appealing the conviction.
How Do I File an Appeal?
As mentioned above, if you have been convicted of a crime in New York, depending on the unique circumstances of your case, you may have the option to appeal the conviction. The appeals process is often complex and time-consuming. However, it offers you the chance to challenge the final verdict and potentially have your conviction overturned. As such, it’s crucial to understand how the appeals process works.
To maximize your chances of achieving the best possible outcome, you should enlist the help of a seasoned attorney. Once you have consulted an attorney, they can assist you in filing a Notice of Appeal. This written notice must be filed either in person or by mail within 30 days of the date of the conviction. The notice must include the details surrounding the case and your personal information. In addition, you must pay the applicable fees. From here, you need to obtain a written transcript and an audio transcript of the trial. Once all files and transcripts have been received, the appellant will be notified. The court will review the details of your case and the errors you claim. They will determine their ruling based on the information you have provided.
At KCS Law, we are prepared to effectively represent your interests and fight for your rights. Connect with us today to learn more about the appeals process in New York.
