Appealing Convictions
Facing a criminal conviction is a life-altering experience, made especially difficult when that conviction was gained in a way that violated your legal rights. If you or a loved one believe an error or injustice occurred at trial that needs to be addressed, turn to the experienced criminal defense team at Brustein Law. We are here to guide you through the complex appeals process in New York and New Jersey. Let us bring credibility to your truth. We’re ready to start fighting for you today.
Grounds for Appeal
An appeal is a legal tool to challenge a verdict or sentence because of an error or injustice. An appeal isn’t a retrial of the same case before the same court. Instead, an appeal is a request that a higher court review and reconsider the decisions made during the original trial. An appeal is a lot like a second chance, allowing a different court to view your case with fresh eyes so these errors and injustices can be addressed.
There are many different grounds upon which a conviction can be appealed in New York and New Jersey. An experienced New York and New Jersey criminal defense attorney will meticulously examine your case to identify issues that could be brought on appeal. Common grounds for appeal include:
1. Legal and Evidentiary Errors: If there were any errors in the legal process, such as procedural issues, evidence admitted improperly, and mistakes in jury instructions, you may be entitled to an appeal.
2. Violations of Constitutional Rights: If your constitutional rights were violated, such as your right to a fair trial, your right to a speedy trial, your right to confront witnesses, or your right to avoid self-incrimination, you could have a strong case for an appeal.
3. Ineffective Assistance of Counsel: Not only does anyone facing criminal charges have the right to an attorney, but that defense attorney needs to provide competent, diligent, and effective representation to the best of their ability. If your defense attorney’s representation failed to meet the minimum standards of competence and diligence expected from an attorney, and that adversely impacted the outcome of the case, you may have grounds for an appeal.
4. New Evidence: You could appeal if new evidence that was not available during the original trial arose and that could have had a significant impact on your case. This is especially common in cases where DNA testing wasn’t conducted initially or when the DNA testing was performed using older, more primitive methods.
5. Inadequate Evidence: If the evidence presented at trial was insufficient to support a conviction beyond a reasonable doubt, you may be able to bring forth a compelling appeal.
6. Prosecutorial Misconduct: If the prosecution acted unethically or illegally, such as failing to disclose exculpatory evidence, introducing false evidence, including knowingly false testimony, and making improper arguments, you could have an appealable injustice.
7. Juror Misconduct: Jurors must follow several rules for a trial to be conducted fairly. If there is evidence that jurors engaged in misconduct, such as discussing the case outside of deliberations or investigating independently, you could have a strong basis for an appeal.
8. Errors in Jury Selection: If there were violations during the jury selection process that biased the jury, you may have grounds for an appeal.
9.Sentencing Errors: Another common ground for appeal is when errors are made during the sentencing phase, such as a miscalculation of sentencing guidelines or disproportionate and unreasonable sentencing.
The Appeals Process
The law surrounding appeals in New York and New Jersey requires a thorough understanding of the law, the procedures of appellate advocacy, and a strategic and relentless approach. Representation on appeal requires an entirely different skillset than trial representation, so it’s essential to turn to an attorney experienced with appeals, like Brustein Law. We are prepared to guide you through the process, from filing a timely notice of appeal, preparing a persuasive appellate brief, advocating tirelessly for you in oral arguments, and guiding you through the process of appellate decisions. Brustein Law is committed to upholding your rights, and we don’t believe in dead ends. We will explore every avenue from every angle, collaborating with you each step of the way.
At Brustein Law, our clients are more than just a conviction or a case. Turn to an effective and experienced team with a thorough understanding of appellate law and procedure in New York and New Jersey to provide the advocacy and relentless attitude you need. Contact us for a free and confidential consultation so we can help you see justice. We are ready to start fighting for your freedom and your future today.