The legal system can be very intimidating. Many defendants will accept their sentences without question and endure a lifetime of injustice. Frequently, when a criminal case is examined by a lawyer, potential causes for your inappropriate sentence are uncovered. Appeals are filed because judges can be wrong in their rulings, and trial attorneys who our clients trusted to do the best job possible for them failed, sometimes miserably. Innocent criminal defendants receive unfair sentences on a regular basis and suffer needlessly. These wrongful convictions occur as the result of common mistakes made during your criminal defense process. In many cases, your verdict can be reversed by filing a state or federal criminal appeal assisted by an experienced appellate attorney. The criminal appeal process is designed to give defendants another chance to present their case in front of a higher court, such as the New York Appellate Term, New York State Appellate Division, New York State Court of Appeals, or Federal Circuit Court of Appeals.
Although there are many good reasons to seek a criminal appeal, some of the more common ones include:
The trial court may have excluded defense evidence that should have been heard by the jury;
The court may have permitted the jury to hear prosecution evidence that should have been excluded;
The prosecutors engaged in intentional misconduct;
The defense attorney made mistakes which deprived the defendant of the effective assistance of counsel.
Such actions provide sufficient reason for a higher New York or federal court to overturn your conviction by way of the criminal appeal process.
A criminal appeal is the process by which a lower court decision is reviewed by a higher court. The higher court determines whether the lower court erred in its application and interpretation of the law. A higher court will also examine whether the judgment of the lower court was proper in light of the evidence presented at trial. No new evidence is admitted in a New York state or federal criminal appeal unless there are exceptional circumstances.