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Sep 1, 2016

NYC Criminal Appeals Lawyers

Spodek Law Group, PC, handles criminal appeals in all of New York, including NYC and Long Island. We help handle the direct appeal, or any other form of post-conviction litigation, which involves a lot of work which needs to be done. Our criminal defense lawyers review all the information associated with your case, including looking at issues which may be evident from reviewing the transcripts. Once we spot issues in the transcripts, we spend many long hours of research in order to determine which case law exists – which could be used to appeal your case.

After we find issues which support the fact your rights were broken, we create a legal brief which is drafted to argue to the court that case law + facts of the case, support our position that the conviction be reversed. Immense hard work, and attention to detail, with a large support staff – is why we can help you get the appeal you need. Once the brief is submitted, the criminal court will schedule the case for an oral argument. At this argument our criminal appeals attorneys will be asked numerous questions. The New York Court of Appeals judges will be well prepared, and ask us numerous questions in order to understand if there’s a legitimate ground for the appeal.

Our law firm, founded by former Prosecutors, puts immense work into every single appeal we handle. We have a large team, which means a lot of attention is paid to each and every detail. We take cases, and study the facts and laws until we believe there is a legitimate argument which can be used to win your case. We spend hundreds of hours on every case. We work tirelessly and relentlessly to support the work of our clients.

The majority of criminal appeals are lost. It’s difficult to win a case on appeal, than to win a case in trial. At trial, the defendant is presumed to be innocent. After you lose your trial, that presumption is gone. It makes it more difficult to win an appeal. Winning an appeal is an up-hill battle which is why you want the very new york criminal attorneys on your side.

It’s crucial that you look at finding the appeals lawyer. Just because someones a well known trial attorney doesn’t mean they will be a good appeals attorney. Trial lawyers and appeal lawyers are very different in terms of their skill-set and what they do. Trial lawyers have a very different job than an appeals lawyer. To draft an appellate brief, you need to be good at doing research, and paying attention to loop-holes and details in order to draft the appeals brief. Trial lawyers go to court every day. Knowledge of the law is critical to winning an appeal. People who focus on appellate law focus all of their time studying the law in order to find ways to help clients.

Our law firm handles appeals cases in all through New York, including the following:

  • Manhattan
  • Queens
  • Brooklyn
  • Bronx
  • Nassau
  • Westchester
  • Binghamton
  • Syracuse
  • Rochester
  • Buffalo
How to Overturn a Guilty Verdict in a Federal Criminal Appeal

It is a common scenario for appellate judges to defer the trial court sentences mostly because facts were not considered, rather than legal aspects. Courts seldom overturn lower court verdicts, and therefore there is no such thing as finding a perfect trial here. However, there are a set of safeguards that exist when accounting for the errors of oversight. In many cases, you will hear an appellate court overturn a guilty judgment if the trial court erred leading to an erroneous outcome. Most errors, however, are deemed harmless. On the other hand, there are some that are so serious and are presumed harmful; for instance when one is coerced to confess to an allegation.

It should be known that appellate courts seldom interfere with sentences that are handed down by a lower court. Nevertheless, in some cases where the law is clear on a particular sentence, this court may have to send back the case from fresh sentencing if the verdict was not right.

Therefore, if you or a loved one has been convicted of a crime and they have sufficient evidence that the verdict was wrongly served, or had errors, they may want to further pursue the reversal of the conviction. This will only happen in the court of appeal or writs. Therefore, in this piece, you will understand the nuts and bolts to have a conviction reversed in a federal criminal court of appeal. You, however, need to understand that cases can differ in nature and specific jurisdictions.

How to reverse a verdict

There are chances that two entirely reasonable rules are different from each other based on the agreed facts and thus there will be different judgments. However, the latter will take the day. Unless there is something serious that happened during the trial level, and you have concrete evidence, it is impossible to appeal a case because you merely believe that it was wrongly judged. With that said, however, as a convict, you have the rights to challenge the served a sentence if there were mistakes made regarding the facts of the case or if some legal aspects were not taken into account.

Here are the frequently asked questions about reversing a court ruling

What Verdicts Can Be Appealed

Appealing against a criminal sentence or sentence harshness is possible. The federal government court cannot appeal the judge’s verdict of not guilty. However, they can appeal the sentence leniency.

Who is legible to Appeal a Verdict?

In a civil case, anyone is free to appeal and have the verdict overturned. Nonetheless, the court needs to permit the party to appeal. At times the court may hear appeals from people that were not parties in the case but were in a way or another left out or were directly affected by the outcomes of the case. This is not the situation with criminal cases as only the people who were directly involved in the case at hand have the right to appeal. However, a party cannot appeal a not guilty ruling. The defendant, however, can appeal the ruling of guilty and also apply for permission to appeal the verdict. The Crown only appeals a sentence.

What happens to Criminal Cases?

Criminal cases are offenses the offenses perpetrated against the broader community. They include rape, murder, and robbery. In such cases, the defendant cannot appeal, unless they are found guilty. Nonetheless, if the court finds them innocent, this decision is final.

On the other hand, if you are found guilty, you have the right to apply for permission to file an appeal, only if you think the sentence was in a way unfair or the court made an error that resulted in this kind of conviction. You cannot, however, have the conviction overturned on the basis that you believe the court did not understand your story.

Upon your appeal being successful, the court orders either a new trial with a different jury and judge or equally may find you not guilty. Also if the judgment is found to be too harsh, this court may reduce the ruling or, and impose another verdict.

Can one represent themselves?

Yes, it is possible for one to represent themselves in a court of appeal. However, you need to get legal advice on whether you have a valid ground to go on with the suit. The staff at the court are not capable of providing this legal advice, leave alone recommend what step of action you should do while in this situation. Nonetheless, the will only enlighten you on the general court procedures and the protocols that relate to appeal.

NYC Criminal Appeals Lawyers

Practice Areas

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Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Queens

35-37 36th St,
Astoria, NY 11106

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Phone

888-977-6335

Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335

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