When Can You Appeal A Criminal Conviction?

You probably know that people convicted of a crime in New York state generally have the right to appeal. A successful appeal could give you a chance at a new trial or even end the matter. But the appeals process is very complicated. Most people deciding whether to appeal have a lot of questions about the process.

Here are some of the most commonly asked questions the attorney at SMC Law Firm gets about criminal appeals.

How long do I have to file an appeal?

You (or your attorney) should file a Notice of Appeal within 30 days of the date of your sentence. The notice is not the appeal itself, but it tells the court that you intend to file an appeal.

What grounds can I appeal under?

Essentially, an appeal is asking a higher court to review a procedural or factual error you believe occurred at your trial. For example, you could argue that a piece of evidence the judge admitted at trial should not have been allowed because the police violated your rights when they obtained it. As a result, you did not receive a fair trial, and your conviction should be vacated. Or you could argue that the judge or jury convicted you despite not having enough evidence to prove your guilt beyond a reasonable doubt.

Can the lawyer I used at trial help with my appeal?

Appellate law is a separate legal area from criminal defense. It requires knowledge of a totally different set of laws and procedures. Many defense attorneys focus only on the trial level.

Attorney Samantha Chorny does both. If you were convicted at trial and are thinking about an appeal, she can go over the details of your trial and tell you honestly what your prospects are. She can prepare a detailed and compelling appeal and argue it before the court.

Learn More About Appealing Convictions In New York

A conviction is not necessarily the end. Contact SMC Law Firm to discuss a possible appeal during an initial consultation with the firm’s attorney. Call 212-256-9441 or use the online intake form. SMC Law Firm serves clients in New York City and across the region, including Norfolk, Nassau and Westchester counties.