Available 24/7
Appeals We've Helped More Than 5000 Families & Small Businesses

Poughkeepsie Appeal Lawyers

What is the Appeals Process in New York?

In an appeal, you are asking a higher court to review the legal record of the lower court’s proceedings in search of errors that led to a wrongful conviction and imprisonment. An appeal is not a new trial bringing in new evidence but rather an examination of what occurred at the initial trial. Your appeal may also contend that, because of the errors made, due process did not occur depriving you of a fair trial or fair sentencing. Because of this, you will be arguing that the case should either be dismissed or it should be retried or sentencing should be changed.

An appellate court will look at the lower court’s record which can include all statements made in court as well as the evidence presented. In making a decision, the appellate examines this record as well as the briefs written and submitted by both your appeals attorney as well an attorney for the other side. Your attorney will be asserting your right to have the conviction reverse or sentencing altered while the other side will be asserting that the conviction and sentencing should stand.

The court may also hear oral arguments from both sides demonstrating the grounds for their assertions and reasoning. Only facts significant to the case, the conviction, and the sentencing will be relevant in an appeal.

The legal basis for appeals can include:

  • Straightforward legal errors or defects that were not brought to the judge’s attention at the time; this can include the miscalculation of sentences

  • An insufficient weight of evidence occurred leading to a conviction, including the improper allowance or dismissal of evidence

  • An abuse of the judge’s power of discretion in cases where judges have wide discretion in such matters as sentencing

  • You had ineffective counsel which means your trial lawyer in the lower court conducted himself so poorly that it affected your right to a fair trial

Any criminal trial is conducted on the basis of the laws that were supposedly violated which led to your arrest. Crimes as such are defined with “elements,” each of which need to be proven beyond a reasonable doubt in court. Our firm can evaluate your case in terms of discovering the pertinent facts that could lead to the overturn of the lower court’s conviction in an appeal. Should an appeal be valid, we can provide the representation you need to move through the appellate court system.

Want to appeal? Contact our firm online or at (845) 209-1355 to get started with a free, initial consultation.

Extensive Experience, High Quality, & Dedicated to Excellence

A guilty verdict regarding a criminal offense is not necessarily the end of the road for you as the defendant. Criminal convictions, especially for felonies, can be made in error leading to serious consequences involving lengthy prison time, hefty fines, probation, and other collateral damage. If you believe your conviction was wrong, you may have the option of an appeal which could reverse or amend the court’s decision. However, you will need a criminal defense attorney who is experienced in the appellate process which calls for a unique set of skills and abilities. Your attorney will need to excel at writing compelling briefs, making convincing oral arguments, and be well-versed in the appeals process.

At McCabe, Coleman, Ventosa & Patterson PLLC, you can bring your appeal case to a firm that has the requisite experience and skills for this endeavor. Our Poughkeepsie appeal attorneys have conducted countless trials and appeals in 200 years of combined legal experience. We bring extensive knowledge and honed skills to the appeal process, starting with a careful review of the lower court’s record to determine the basis for your appeal. Through careful legal analysis, we can construct your appeal and navigate the process will diligence and dedication in search of a positive outcome.

Reach out to McCabe, Coleman, Ventosa & Patterson PLLC at (845) 209-1355 for competent and committed legal assistance today. Hablamos español.

See What Our Clients Are Saying About Us

We've Helped More Than 5000 Families & Small Businesses
  • Attentive, proactive, and just all-around great firm!

    “A couple of years ago, I was in need of a great lawyer. I was in a lot of trouble and needed help in many ways. Mr. Ventosa was that lawyer. He provided me options, and help outside of the courtroom ...”

    - Will D.
  • Rare to find attorneys who will go the extra mile, are kind, and willing to emotionally support you.

    “This firm was tremendously helpful and caring.¬†They were excellent, understanding, and thorough. I have recommended this firm to friends and will continue to do so.”

    - Catherine Q.
  • Chris is not only a brilliant attorney he's also a common sense, down-to-earth, business person.

    “He simply had my best interest as his guide. Superb lawyer, great guy!”

    - Former Client
  • Professional, Kind, Efficient, Responsive, Easy to Work With

    “He is calm and kind as well...and someone who will advocate for you. For me, I just felt a high level of trust in working with him. He has a high standard of integrity which I find is hard to come by these days.”

    - Former Client
  • Dan is friendly, patient, and personable, not traits I've come to expect in my experience with lawyers.

    “Dan and his whole staff have been very helpful in guiding me through the sale of my current house and purchase of my new home. They are always quick to respond to my inquiries and clarify anything I have concerns about.”

    - Former Client
  • America's Top 100
  • Avvo Reviews - Attorney Dean McGee
  • Avvo 10.0 - David Steinberg
  • Avvo Reviews - Attorney Bernadette M. Davidson
  • Avvo Top Attorney - Attorney Bernadette M. Davidson
  • Avvo Reviews - - Attorney Steven K. Patterson
  • Avvo Top Attorney - Attorney Steven K. Patterson
  • Lawyers.com - - Attorney Christopher S. Coleman
  • Distinguished Award
  • Avvo Clients Choice Award - Attorney Christopher S. Coleman
  • Avvo Reviews - Attorney Christopher S. Coleman
  • Avvo Top Attorney - Attorney Christopher S. Coleman
  • Top 100 Trial Lawyers
  • Avvo Reviews  - Attorney Daniel J. McCabe
  • Avvo Top - Attorney Daniel J. McCabe
  • Avvo
  • BBB A+ Rating
  • Avvo 10.0 Top Lawyer
  • Avvo Clients Choice Award - Attorney John J. Ventosa
  • Avvo Reviews - Attorney John J. Ventosa
  • The National Trial Lawyers Top 40 Under 40
Contact a Top Criminal Defense Attorney Now