Can I Appeal My Conviction?
Appealing a criminal conviction involves requesting a higher court to review your case and change the lower court’s initial decision. To succeed, you typically must prove that some critical error on the part of the judge, defense attorney or prosecutor that resulted in a wrongful conviction.
If you believe that an error in your case led to an inappropriate conviction or sentence, it is important to discuss your post-conviction options with an attorney as soon as possible.
Beginning An Appeal: The Basics
In New York, you will typically be served with a copy of a court’s Order or Judgment with Notice of Entry. Once the Order or Judgment is served, you typically have only 30 days to file your Notice of Appeal (35 days if the Order was served by mail). Even if you are not sure whether you have a strong case for an appeal, there is no harm in filing this Notice and then pursuing more information.
Because of this tight deadline, it is essential that you contact an attorney to handle your appeal swiftly after the conviction. Not only does it ensure you meet court deadlines but seeking legal counsel right away can help you maximize your chance of success.
The Importance Of Appellate Experience
The process of appealing a conviction is dramatically different than defending against the initial charge. Appellate courts use different procedures and success requires a high level of skill in legal writing. While many criminal defense attorneys will handle a criminal appeal, it is important to make sure that your lawyer has significant experience in appellate courts.
You May Be Able To Rewrite Your Record. Call Us Today To Get Started.
This page provides general information about appeals, but the only way to know whether your specific case is a good candidate for an appeal is to speak with a knowledgeable attorney. At Varghese & Associates, P.C., we have written dozens of criminal appeals and post-conviction motions with great results. To learn how our battle-tested attorneys can begin fighting for your appeal, please contact us at 212-430-6469.