A criminal conviction can threaten your personal freedoms – not to mention your finances. Depending on the charge, you may have to pay an exorbitant fine, spend time behind bars, complete community service or cope with a range of other penalties. No matter how minor you believe the charge to be, one of your first calls should be to a criminal attorney.
Even if you were convicted, there are many reasons to file an appeal. However, appealing a criminal conviction is a complex process, but a New York City criminal defense lawyer can help you navigate the legal system. If you are facing a criminal charge or would like to appeal a conviction, then call Goldberg & Allen, LLP at 212-766-3366.
In the meantime, read on to learn four tips for appealing a conviction:
- File a Proper Appeal
The United States Department of Justice explains the importance of filing your appeal at the right place. Currently, the Appeals Division is home to six Assistant U.S. Attorneys, who are responsible for assessing cases, handling claims and litigating hearings.
If you wish to appeal your conviction successfully, then filing your appeal properly is the first step. A criminal lawyer can file the appeal on your behalf.
- Pay Attention to Deadlines
New York has a statute of limitations for filing appeals, which means that you are only able to appeal a conviction within a certain timeframe. If you are late, then you will not be able to appeal and will have to serve your sentence.
You have 45 days to ensure the Appeals Division receives your docket. In some cases, it is possible to get a 30-day deadline extension, but this is rare and you should not rely on it.
- Understand Your Appeal
When appealing a conviction, keep in mind that you are accusing the judge of making a critical legal mistake during the trial. If not for this mistake, you would not have been convicted.
If there was a mistake, then the transcripts of your trial should reveal them. However, because the Appeals Division is often reluctant to hear additional testimony or evidence, a judge from the Law Division will identify any mistakes first.
- File a Brief and an Oral Argument
The state has the opportunity to file a brief that argues why you should remain a convict. You should file a brief of your own, which highlights the legal issues in question.
The Appeals Division will use both briefs to make its ruling. If there is new information that will help your appeal, then you should file a request to make an oral argument. Otherwise, the Appeals Division will only have the two briefs on which to base its decision.
A criminal conviction can be life shattering – particularly if you are innocent. An appeal may offer legal recourse that could preserve your personal freedoms.
If you are currently facing criminal charges or are interested in filing an appeal, then contact a New York City criminal defense lawyer from Goldberg & Allen, LLP at 212-766-3366. To learn more about criminal defense strategies, visit http://criminal-defense.usattorneys.com/new york/.
