Brooklyn Criminal Appeals Lawyer

Brooklyn Criminal Appeals Attorney

When a criminal conviction doesn’t reflect the truth of the case or mistakes were made during the trial that impacted the outcome, an appeal can provide a crucial opportunity for justice. The Law Office of Jonathan Savella is a team of Brooklyn criminal appeals lawyers who can fight for you.

Criminal appeals are complicated. The process involves a careful review of trial records to identify any errors or legal grounds for appeal. If you are in Brooklyn and want to fight your conviction or sentence, you need a lawyer who knows the nuances of New York law. A successful appeal with experienced counsel and an effective plan can undo wrongs, preserve rights, and sometimes result in lesser sentences or reversed convictions.

Why You Should Choose the Law Office of Jonathan Savella

With a lot of extensive experience in criminal appeals, the Law Office of Jonathan Savella provides focused representation for individuals seeking to challenge their convictions or sentences in Brooklyn. Our approach mainly centers around meticulously reviewing trial records to identify legal errors and procedural issues.

The Law Office of Jonathan Savella team’s zeal for justice gives us the chance to provide objective, professional advice and uncompromising support to each of our clients. Combining a keen understanding of appellate law with empathy, we are committed to defending clients’ rights during appeals proceedings in an attempt to obtain a favorable outcome.

The Criminal Appeals Process

In the criminal appeals process, a higher court reviews the trial record and looks for any legal error that might have impacted the result. The appeal is not based on any new evidence or testimony, like in a trial, but rather on legal arguments as to the rightness and fairness of the trial.

A good appeals lawyer can review your trial transcript for errors like jury instructions or evidence handling errors. To make a successful appeal, the appeals attorney must conduct exhaustive research and persuasive writing and be well-versed in appellate processes so that they can effectively argue the case to appellate judges.

Common Grounds for Appeal

A criminal appeal can be made on certain grounds. Those include procedural faults (bad jury instructions, the entry of inadmissible evidence, and prosecutorial misconduct.) Furthermore, poor representation during the initial trial may also constitute grounds for an appeal, particularly if the defense attorney failed to act competently.

All of these reasons have to be assessed with great care to see if they compromised the impartiality of the trial. An appeals lawyer can look closely at the trial record and draw arguments from those mistakes, hoping to illustrate to the appellate court how these errors affected the case.

Potential Outcomes of a Successful Appeal

The result of a successful appeal depends on the type of errors that are discovered. Sometimes, the appellate court might reverse the conviction in full, which means that the case will be dismissed or the trial reopened. The court could commute if sentencing mistakes were made or otherwise award relief. There are some cases in which the sentence can be shortened, and the accused serves a shorter period of time.

Every appeal is different, but if you have a skilled lawyer on your side, the chances are higher that you will be successful. The right lawyer can walk you through each possibility and the appropriate route forward.

FAQs

Q: What Is a Criminal Appeal?

A: A criminal appeal is a case where a higher court goes over the trial court’s ruling to see if there was any mistake in the judgment that contributed to the result. It isn’t a retrial or new presentation of evidence but a review of law and procedure. Appeals target errors like misdirected jury instructions, false evidence, or poor counsel involvement in order to correct a wrong from the first trial.

Q: How Long Do I Have to File A Criminal Appeal in New York?

A: In New York, a defendant generally has 30 days from the date of conviction to file a notice of appeal. Timing is crucial, as missing the deadline may result in losing the right to appeal. If you contact an attorney early enough, you can ensure everything is completed in the timeframe necessary to retain your right to appeal.

Q: What Grounds Can Be Used for a Criminal Appeal?

A: Common grounds for appeal include judicial errors, inappropriate evidence admission, prosecution misconduct, and poor defense counsel. Each foundation necessitates extensive legal argumentation to show how it influenced the trial’s decision. A skilled appellate attorney can examine the trial record to find any concerns that could be the foundation for a successful appeal.

Q: What Are the Possible Outcomes of an Appeal?

A: Among the things that could happen in a criminal appeal are the conviction being reversed, a new trial being requested, or a lesser sentence. Sometimes, an appellate court finds no fault and upholds the original verdict. The cases are particular, and what happens can vary based on which mistakes are made and the strength of arguments to the appellate court.

Q: Can I Appeal if I Pleaded Guilty?

A: Yes, in some cases, individuals who have pleaded guilty may still have grounds for an appeal, particularly if there was ineffective assistance of counsel, prosecutorial misconduct, or issues with the plea process. An attorney can review your case to determine if any errors during the plea process could justify an appeal, allowing you to potentially challenge aspects of your conviction or sentence.

Contact a Brooklyn Criminal Appeals Lawyer

Criminal appeals are very long and tiring, but they offer a valuable opportunity to get justice and undo mistakes from the original trial. When you work closely with a lawyer who understands appellate law, you are one step closer to getting a fair outcome. If you are a Brooklyn resident considering an appeal, it’s crucial to get seasoned legal representation. We can help.

Contact the Law Office of Jonathan Savella to learn more about your rights and your appeal. By taking the right steps now, you can work toward overturning your conviction or achieving a more favorable result. Contact our office to book a new client consultation today.