A conviction is not the end of the world
Criminal appeals can right wrongs. Even if you’ve been tried and sentenced in a New York City district court, it’s possible to get a retrial, a suspension of your sentence, a reduction of the charge(s), or even a dismissal.
With the filing of post-conviction papers such as a New York 440 motion or a federal 2255 motion, you may also be able to have your case reopened if you can demonstrate that your original attorney did not represent you properly, or if there is new evidence to support your innocence.
You need a dedicated appellate attorney on your side
At this stage, you probably don’t need reminding that choosing the right litigation firm and criminal appeals lawyer is likely to be one of the biggest and most important decisions you’ll ever make.
Preparing criminal appeals and post conviction motions is complex
Appellate lawyers handle the process of appealing a final judgement that’s been handed down in trial court – bringing the matter before an intermediate court of appeals – and, if required, a supreme court. If this process is mishandled in New York, NY, you could miss you chance to appeal.
At Varghese & Associates, P.C we take nothing for granted. We make sure your appeal is handled with the expertise and eye-for-detail you deserve.
Your appeal needs to be presented to the correct New York City Appellate Court
As well as working with very specific practice areas relating to appeals, an appellate lawyer also understands exactly which of the New York appellate courts should hear your appeal. Make the wrong decision and you could potentially miss the window for having your case heard.
At Varghese & Associates, P.C we have countless years of experience bringing cases to the relevant appellate court. Including the New York Court of Appeals, Appellate Division, Appellate Term and New York City Board of Standards and Appeals.
What comes next?
Now is a time to choose your next step very carefully. This is where we can provide expert help.
Here at Varghese & Associates, P.C. we are appeals lawyers with a proven record of success. We understand the procedural laws that surround your appeal – in both State and Federal appellate courts. We know exactly what’s needed in an appellate brief – whether you’re facing felony or misdemeanor convictions.
Our lawyers have the knowledge, experience, and means necessary to work tirelessly through the stages of an appeal and strive for the best possible outcome for you.
Criminal appeals can be filed based on:
When you talk to an appellate attorney at our law firm, we’ll explore a series of possible issues with your trial and decision, including:
- Ineffective assistance of counsel — Did your trial lawyer demonstrate incompetence and repeatedly failed to advocate for you? We’ll look again through the eyes of an impartial appeals attorney
- Prosecutorial misconduct — Did the prosecutor act unethically, such as intentionally omitting exonerating evidence or other serious miscarriages of justice? We’ll offer the opinion of a dedicated appellate lawyer
- Judicial errors — Was there an error in the trial’s procedure or the judge’s interpretation of the law? Were there errors in the jury’s instructions? We’ll take a granular look at everything that played out in the trial court
- Sentencing errors — Was your sentence excessively harsh? Were you given the wrong sentence or penalties? We’ll look back over thousands of cases as trial lawyers and question the fairness of your sentence
- Insufficient or lack of evidence — Was there enough evidence to support the verdict? Was evidence improperly admitted or excluded? We’ll review every element of your trial and how it was handled
As a former New York prosecutor, firm founder Vinoo Varghese was the only trial ADA (out of over 500) that wrote and argued his own appeals. Running one of New York City’s most notable criminal defense firms, with regular cases featured in the New York Law Journal, Vinoo is passionate about taking on criminal appeals – and has years of experience doing exactly that.
Although post-conviction motions for New York clients are similar in nature to direct appeals, they involve a distinct process. Through a post-conviction motion, an appeals attorney can seek to overturn the defendant’s original sentence or conviction. This can be due to reasons such as the discovery of new evidence that proves one’s innocence or a new law that can affect the outcome of your case.
I want an NYC appellate lawyer to dispute my conviction or sentence. What can I do?
The best law firms will tell you that there are strict deadlines for filing an appeal or post-conviction motion at the New York Court of Appeals. If you or a loved one has been convicted of a crime, speak with our Manhattan criminal appellate attorneys about your options. Our office can conduct a review of your trial record, ask the important questions, and advise you of your next steps. There is hope.
What can our clients expect?
We’ll pursue your appeal or post-conviction motion in the appropriate jurisdiction — battling skillfully against federal or state authorities. We have written dozens of criminal appeals and post-conviction motions, and achieved great results.
Our attorney-client relationship is like no other – whether you have been convicted of a sex crime, business litigation issues, employment law infraction, or have another criminal offense on your record, we can review your case and agree on putting together an argument for the New York Court of Appeals that could decide where your life goes next.
Helping our New York clients fight for what’s right
When you appeal a conviction in New York, you’re not just fighting for your own freedom and reputation, you’re also fighting for what’s right for other people too.
Every year, thousands of individuals are wrongfully convicted or convicted based on evidence and processes that do not meet the high standards of justice we demand in the United States. The New York appellate court is where these decisions are overturned – offering hope and setting a precedent for other’s in your situation. Now is not the time to resign yourself to fate – now is the time to fight even harder for your rights.
Contact us for an initial consultation with a New York appellate attorney
Give us a few details about you and your situation – and we’ll put you in touch with a New York City appellate lawyer to talk about your situation and plan your next steps.