Can I Appeal a Criminal Conviction in New York?

When you are convicted of a crime your entire world will change. It is important for the legal system to properly function and ensure that individuals are being penalized fairly and only for crimes that they actually committed. If you feel that you were unfairly sentenced you can appeal your criminal conviction. Obtain help from an experienced Haverstraw criminal defense attorney to learn more about your options.

What is an Appeal?

An appeal is a request that you can make to have a higher court review the lower court’s original judgment. It can be used in criminal cases to determine whether or not the original verdict is accurate. Appeals are conducted by a panel of judges and can only be considered under certain circumstances.

When Can I Appeal My Conviction?

Individuals cannot file an appeal simply because they are unhappy with the outcome of their case. There are only a few reasons why an appeal would be considered and a legal error must have been made. Some common reasons for appealing a criminal case can include the following.

• Improper admission of evidence
• Improper exclusion of evidence
• Errors in sentencing
• Ineffective assistance of counsel
• Juror misconduct
• Incorrect jury instructions
• Procedural misconduct

Any of the above or an obvious error in the legal system can constitute grounds for an appeal. If any of these issues arose during your case you should speak to a lawyer to discuss your options for bringing the case to a higher level.

How Can I Appeal a Criminal Conviction?

The first thing that you should do when deciding to appeal your criminal conviction is to ensure you have representation from an attorney. If you were represented by a lawyer at the time of conviction they can continue acting as your legal counsel. However, depending on the circumstances you can also request an assigned attorney to represent you through the appellate court.

Once you have obtained representation complete the following steps to appeal your conviction.

1. File a Notice of Appeal. If you have an attorney they can file this for you but the written notice must be filed either in person or by mail within 30 days of the date of the conviction. The notice should include details of the case and your personal information. You must also pay a docket fee and processing fee.
2. Obtain a transcript of the trial. If there was a Court Reporter at the trial, contact them to inform them of the appeal. When an appeal is pending they must file the original transcript with the court. You can also request a copy. You will be responsible for paying for the transcript.
3. Obtain an audio transcript. If a Court Reporter was not present then the case must have been audio recorded. Make a request with the court for the transcript. You will be responsible for paying for the transcript.
4. Once all files and transcripts are received the city court will file the information with the county court and notify the appellant.
5. The court will review the details of your case and the errors you have identified. They will make their ruling and inform you of their decision.