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.
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.