In a court of law, one cannot simply request an appeal for a criminal case because the convicted individual must have grounds for an appeal. Appeals can only be filed in certain circumstances when the law has been applied improperly. The term “grounds” specifically refers to the basis for a legal action, and the grounds for an appeal are generally limited to a small number of issues. However, if there are valid grounds, then the defendant may benefit greatly from the assistance of an appellate attorney.
Grounds for an appeal do not automatically guarantee the success of a case. Having valid grounds means that the courts of appeals will hear the case, but the arguments presented by the criminal appeals attorneys are the key factor that may influence the outcome of the appeal. This is why many people choose to file their appeals with the assistance and legal advice of a skilled criminal appeals attorney. Consider discussing your case with a criminal appeals lawyer from The Law Office of Benjamin Greenwald to learn if you have grounds for an appeal.
Call the office today at (845) 567-4820 for more details.
Criminal Appeals in New York
Before evaluating a case to discern if you have grounds for an appeal, it is important to understand the criminal appeals process in New York. The court of appeals does not retry the case, and it generally does not take new evidence. The appellate courts are specifically designed to correct errors of law that occur in the trial courts. When an individual files an appeal, the reviewing judge will read arguments from the relevant appellate attorneys and then decide whether the trial court was in error or not.
There are generally three potential outcomes in a New York trial court. First, the reviewing judge could affirm the decisions of the court. This means that the judge has determined that there was no error, and the original sentence stands. A reversal means that the judge discovered errors that reasonably interfered with the validity of the sentence. This may lead to a retrial, or simply an acquittal. Finally, the case could be remanded to the trial courts for a retrial. According to the United States Courts, most appeals are final.
What Are the Common Grounds for an Appeal?
However, for a case to be considered, there must be valid grounds for an appeal. An appeal can only be filed with sufficient grounds, which means those seeking to reverse a criminal sentence should take great care to ensure they have strong and valid grounds. Understanding the various grounds for an appeal can not only reveal the best strategy for pursuing justice, but it can also show other areas of the case that were handled poorly. Equipping oneself with this knowledge can strengthen a criminal appeal and give a greater chance of success.
For more information on grounds for an appeal, speak with a skilled appellate attorney from The Law Office of Benjamin Greenwald.
Errors of Law
One of the first grounds for an appeal is an error of law. While the laws govern the daily lives of individuals and help promote safety and welfare, they also govern the actions of the court. Legal professionals like judges and attorneys are expected to understand and uphold the dictates of the law, including court processes, sentencing laws, and other court instructions. Failure to do so may provide grounds for an appeal. Some examples of this include improper exclusion or admission of evidence, incorrect or prejudicial jury instructions, pre-trial errors, and many more.
Misconduct
Any form of misconduct during a trial could provide grounds for an appeal. This misconduct could be on the part of the prosecution, the judge, or even the jury. A judge taking a bribe, a prosecutor referring to inadmissible evidence, a violation of constitutional rights, or a jury communicating with outside individuals about the case, and more, could all be considered misconduct. If the parties involved, knowingly or unknowingly, violated court rules and corrupted the ruling of the court, the defendant may have grounds for an appeal.
Sentencing Errors
Laws and statutes in New York help govern sentencing in the trial courts. Certain criminal convictions carry a specific set of fines, jail time, and other consequences that have been established by the legislators of the United States and verified by the court system through trial. Therefore, if a judge or jury gives an unlawful sentence that does not match the standard sentence for the criminal conviction in question, the defendant may have grounds for an appeal. Improper sentencing could have a drastic and negative impact on an individual’s life, which means it is vitally important to address these issues.
New Evidence
Additionally, the discovery of new and significant evidence could provide grounds for an appeal, but only in select circumstances. The appellate courts do not normally consider new evidence, as the process is not intended to review the facts of the case but the legal actions taken. However, when new evidence arises that was not discoverable during the trial and would have had a significant impact on the court decision, the defendant may have grounds for a criminal appeal. Although it must first be proven that the new evidence was not reasonably discoverable at the time of the trial.
Ineffective Assistance of Counsel
Lastly, ineffective assistance of counsel could provide grounds for appeals in New York. Legal professionals like attorneys are expected to adhere to a generally accepted standard of practice to ensure that justice is upheld. If the defense is grossly negligent or otherwise fails to uphold the standard for legal professionals, the defendant may be able to file an appeal on these grounds. However, it must first be proven that the negligence of the defense attorney had a direct impact on the outcome of the case.
Speak to a New York Criminal Appeals Attorney Today
Understanding the relevant grounds for an appeal in New York is often key to setting up an appeal effectively. These rules and laws may be difficult to work with, but understanding the expectations of the courts can help a case succeed. For convicted individuals searching for post-conviction relief, these options can be a lifeline, particularly when trial errors have affected the outcome of the case. An experienced New York criminal appeals attorney from The Law Office of Benjamin Greenwald can help evaluate your case to see if you have grounds for an appeal. Call the office today at (845) 567-4820 to learn more about your legal rights.
