If you want to appeal a conviction or just want to learn more about the process, you might have several questions to help you understand criminal appeals. Each state has its own court of appeals, which agrees to review select cases upon request. The purpose of appeals courts is to check for possible errors in a trial and to clarify and interpret the applicable laws. Here is what you need to know about criminal appeals in New York.
Your Guide to Criminal Appeals
What types of criminal cases can be appealed?
Every person convicted in a trial court in New York has an automatic right to appeal. Both misdemeanor and felony convictions can be appealed.
Who files the appeal?
This is best left in the hands of an experienced criminal defense attorney. Your lawyer must file two copies of the notice of appeal with the criminal court where you were convicted; the clerk of that court then forwards this notice to the correct appellate court. Your attorney must also serve a copy of the appeal to the relevant prosecutor.
How long does an appeal take?
The appeals process is lengthy. It can take up to one year alone to prepare the record for the appellate courts and for the courts to then decide whether they want to review the case or uphold the conviction.
Can you appeal a guilty plea?
You can’t withdraw your guilty plea. In rare cases, you may be able to seek a plea withdrawal on appeal—for instance, if you claim that your attorney advised you improperly.
How can a lawyer help your appeal?
Your attorney not only handles the technical aspects of the appeals process described above, but they will also develop the legal arguments that form the basis of your appeal. An experienced attorney will ensure that the paperwork is filed accordingly and follows court protocols.
Improve your odds for a successful criminal appeal by entrusting your case to the Law Offices of Iannuzzi and Iannuzzi in Manhattan. With more than 85 years of experience, this law firm has the knowledge you can count on. A family-founded firm, they place a premium on providing each client with personalized care. To schedule a consultation, call (212) 227-9595.