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Appeals

Protecting Your Appellate Appeal Rights

For a case to be appealed, the individual involved must have been convicted of a crime. If a case hasn’t gone to trial, there is no conviction to appeal. Double jeopardy principles prevent the government from appealing a not guilty verdict.The double jeopardy principle prevents a defendant from getting prosecuted two times for a single crime. Although it’s very rare, the prosecution has appealed evidentiary and procedural rulings while a case was still pending.The majority of post-judgment appeals take place after an individual has been convicted during a trial. Many defendants take what is called a plea bargain, and this type of deal forces a defendant to waive his or her appellate rights, and these rights must be waived before the defendant can plead guilty. Since most criminal trials are very complex, there is a good chance that the defense attorney, prosecutor or court will commit some errors. It’s these errors that increase the likelihood of a successful appeal.

The Appeal Process

Anyone who has been convicted of some type of crime can appeal to what is known as the appellate court. However, the defendant is granted only one appeal to this court. For criminal and state cases, defendants in New York can appeal to the Appellate Division of the Supreme Court of New York. In the case of federal criminal cases, defendants can appeal to the United States Court of Appeals.

If a defendant is unsuccessful when appealing to the appellate court, he or she is required to apply for leave and make an appeal to the New York State Court of Appeals, which is the highest court located in New York. Individuals who’ve been convicted in federal court are required to apply for what is called a writ of certiorari, which is used to appeal to the United States Supreme Court.

It’s important to understand that the majority of appeals sent to the high courts are rarely granted. Only a small handful of appeals are actually granted. It’s important to note that appeals don’t really have anything to do with the crime a defendant has been convicted of.

Instead, appeals are about whether or not a person’s rights were protected. An appeal would be likely to succeed if it proves that an individual did not receive a fair trial.

Unfair Trials and Appeals

There are many issues that can cause a defendant to receive an unfair trial. If the defendant’s attorney doesn’t provide effective assistance, it’s grounds for an unfair trial. If the prosecutor takes part in improper conduct, it is grounds for an appeal.

If there are improper evidentiary rulings by the judge, then it could be grounds for an appeal. However, it’s also important to remember that a successful appeal doesn’t represent a not-guilty verdict. The purpose of an appeal is to give a defendant a new trial, which ensures any previous errors can be rectified.

A defendant has the right to one appeal, but a notice of appeal must be filed within a period of 30 days from the date of sentencing. It’s important for you to protect your right to appeal. You need a professional lawyer who can make sure your appeal rights have not been violated. Call us today and arrange a free consultation.

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