NYC Federal Criminal Appeals Lawyer

NYC Federal Criminal Appeals Attorney

People with criminal convictions in New York City know how difficult it is to live with a record. Finding employment and securing housing alone can harm a proper quality of life. If you receive a criminal conviction, you can be up against jail time, severe financial fees and penalties, and other consequences.

Take your conviction seriously. The Law Office of Jonathan Savella can help. You can appeal with our NYC federal criminal appeals lawyer.

The NYC Federal Criminal Appeals Process

The NYC federal criminal appeals process can work differently than many people expect. The appeal system can often have too many cases to handle and be challenging to win. This is the route to take for people who believe their conviction was inaccurate or unfair, no matter how complex and daunting the system can be. When approaching the appeals process, you should know the critical stages involved.

Filing the Notice of Appeal

The first step in the federal appeals process is filing a Notice of Appeal with the United States Court of Appeals for the Second Circuit. This is one of thirteen different courts of appeals across the country. The Second Circuit covers appeals in New York, Connecticut, and Vermont. You have thirty days to submit this federal appeal once a judge has issued their first order.

The Notice of Appeal confirms that you seek an appeal of your sentence and begins the process. If you do not already have an attorney, obtain an attorney’s services and have them file your notice. They can ensure the appropriate following of timelines.

Gathering the Record

Your federal conviction is a part of the entire legal process until you seek an appeal. Your trial record will have documentation to detail every event in your trial. Acquiring this record is essential to your appeal case. We can review every detail in the record to find every error that warrants a possible overturning of your conviction.

Your record includes trial transcripts, witness testimony, evidence presentations, and prosecution and defense arguments. It also contains motions your previous attorney filed, such as evidence suppression or mistrial motions.

The record will contain all physical evidence, professional witness testimony, and video recordings. With this information, your attorney can ensure all necessary documentation for the court’s review.

Developing Legal Arguments

Not all errors during a trial warrant an appeal, but some significant errors can. After analyzing the record, our NYC federal criminal appeals attorney can search for mistakes that could have impacted the outcome of your case. These mistakes might include violations of your rights, improper jury instructions, prosecutorial misconduct, or insufficient evidence.

With all of the errors documented, we can work to develop the most potent legal argument available to seek an overturning of your original conviction.

Drafting Persuasive Briefs

If neither party is interested in an oral argument, the case will be examined through written material. These written arguments, known as briefs, impact the court’s decision on your appeal. Our attorney will draft a clear, concise, and compelling brief that correctly outlines the arguments supporting your appeal request.

These briefs detail all critical legal issues of your case while citing relevant case law and legal statutes to support the appeal. The document will also explain why the errors made in your trial unfairly influenced the jury and led to your wrongful conviction. Our team can ensure the brief is well-organized, easy for the judges to understand, and persuasive for the optimal chance of overturning your conviction.

Oral Arguments Before the Court

If there is interest, the Second Circuit Court of Appeals will grant permission for oral arguments. During these events, your attorney will have the chance to present your case directly to the judges. While briefs are important, oral arguments are valuable opportunities to elaborate on crucial information while answering any questions the judges may have.

Our skilled NYC federal criminal appeals attorney has the experience to advocate for your rights and confidently present your appeal. We fight for your most favorable outcome and the overturning of your conviction. The Law Office of Jonathan Savella is familiar with the nuances of the appellate court and can get your conviction dismissed when possible.

The Court’s Decision

After reviewing the record, legal briefs, and possible oral arguments, the judge will issue a decision. This decision will impact your case and your future. The options possible to you at the end of the appeals process include:

Conviction Upheld

If the Second Circuit Court of Appeals finds no merit in the defense’s arguments, it will uphold the original conviction. This decision is less than ideal but common in many cases. The court’s upholding of the previous decision means the original sentence will remain in effect as well.

Conviction Overturned

The most favorable outcome available is that the appellate court overturns your conviction. This outcome is the goal. Typically, if an appellate court overturns a decision, it is for one of many reasons, such as:

• Insufficient Evidence: The prosecution did not present enough evidence to conclude that your conviction was warranted beyond a reasonable doubt.
• Errors in Jury Instructions: The judge may have given faulty instructions to the jury, which misled them on the law and impacted their verdict.
• Ineffective Assistance of Counsel: Your trial attorney may have been inadequate, hindering your ability to present a strong defense against a fallible prosecution.
• Prosecutorial Misconduct: The prosecutor may have performed actions in line with misconduct, such as withholding crucial evidence or making improper statements to the jury.
• Constitutional Rights Violations: Violations of your rights during the investigation or trial process are illegal. The previous court should have upheld your rights, whether unreasonable search and seizure, right against self-incrimination, or right to a fair trial.

If you receive an overturned conviction, the appellate court would likely dismiss the charges against you.

New Trial Ordered

Sometimes, the court may not entirely overturn your conviction, but they will point out the present faults and order a new trial. In this case, they will return the case to the original court and request a retrial with the elements pointed out.

Examples of errors warranting a new trial can include improper admission of evidence, improper exclusion of evidence, jury tampering, improperly denying dismissal of evidence, excluding valid witnesses, or other mistakes that a new trial can correct.

A new trial can occur at the same level in the court system but with a new judge and jury. In this latest trial, you can retain a new attorney to help correct the perceived errors and provide a more robust defense.

FAQs:

How Are Appeals Handled in New York State?

Handling appeals in federal court can be a complex process involving intricate rules and procedures. The method can include:

• Filing a Notice of Appeal. You have thirty days to file a Notice of Appeal with the Second Circuit Court of Appeals.
• Gathering the record. The appellate court reviews transcripts, filed motions, and presented evidence to decide what happened in your case.
• Briefing the case. Your attorney prepares arguments for why the court should overturn the conviction.
• Presenting oral arguments. In some cases, judges may grant attorneys to present arguments before a panel.

How Do I Appeal a Federal Criminal Conviction in New York?

Appealing a federal criminal conviction in New York requires a skilled NYC criminal appeals lawyer due to the complexity of the Second Circuit Court of Appeals. Attempting to appeal a criminal conviction alone can add unneeded stress and effort toward a negative outcome.

The appeals process involves consulting about your case, reviewing the record, developing legal arguments, filing appropriate appeals documents, and making court appearances. Leaving these steps to an experienced attorney means peace of mind, knowing someone who understands the process is on your side.

How Long Does an Appeal Take in NY Federal Court?

How long an appeal takes in federal court can vary significantly depending on the complexity of your case. While some people’s appeals may be processed relatively quickly, other people’s cases can take much longer due to factors such as the court’s workload, the size of the record of the original case, and unexpected obstacles in the appeal timeline.

If you received a conviction from a New York court, our skilled NYC federal criminal appeals attorney can provide a more accurate estimate of the timeline for your appeals case through the Second Circuit Court of Appeals.

How Do You Win an Appeal in NY?

Winning an appeal can be difficult, especially if you lack suitable representation. Successfully appealing a criminal conviction can take time and effort that many people do not expect to dedicate to the case. Additionally, appeals cases require an extensive understanding of case law and attention to detail.

Working with an experienced criminal appeals attorney can increase your chances of appeal because these professionals can identify errors from your trial, protect your rights, and present persuasive arguments to the appellate court.

Get Help With Your Federal Criminal Appeal in New York

Our experienced New York City criminal appeals attorney can help you understand the process and guide you to a successful outcome. At our criminal defense law firm, we provide invaluable legal advice, answer your questions, address your concerns, and ensure you always understand your rights in this current process and what they should have been in your previous trial.

Our team understands your emotional and legal challenges after receiving a criminal conviction, and we take your situation seriously. We do not settle for unjust outcomes. Let us help you take control of your future and fight for justice. Contact the Law Office of Jonathan Savella today for help appealing your conviction.