Legal counsel is often the backbone of a trial case, which means that ineffective assistance of counsel can seriously damage an individual’s chances against criminal charges. Sometimes the cost of attorney fees is a factor or perhaps the assigned counsel for the case is inadequate, but whatever the reason, ineffective legal counsel could lead to wrongful convictions. Understanding the reasonable standards for legal counsel and their effect on a criminal case could clarify whether an appeal is viable.
However, certain standards and requirements must be met for an appellate case to be considered. Understanding the nuances of New York criminal and appellate law is a key step in evaluating convictions from trial cases and determining how to pursue an appeal. A skilled New York criminal appeals attorney can help by reviewing a case and evaluating ineffective assistance of counsel. They may be able to clarify how to pursue an appeal and whether or not New York law will agree that the defense was inadequate.
Schedule an initial consultation with a criminal appeals attorney from The Law Office Of Benjamin Greenwald today by calling the office at (845) 567-4820.
Appealing a Conviction on Ineffective Assistance of Counsel
Nobody is infallible, which means even legal professionals can make mistakes, particularly when handed a complex criminal law case. However, inexperience and incompetence are not the same as making a mistake. In some cases, ineffective counsel could influence the outcome of a case and lead to a different conclusion than if the individual were represented by a more competent attorney. This is why the federal laws of the United States allow convicts to appeal their cases if their conviction was unduly influenced by the incompetence of their attorney.
Constitutional Rights
The legal basis of these types of appeals is found in the Sixth Amendment, which grants criminal convicts the right to a public trial, knowledge of the accusations against them, and the assistance of legal counsel. The Sixth Amendment is intended to protect those accused of crimes to avoid unlawful convictions and ensure the accuracy and consistency of the United States justice system. As such, a conviction based on the incompetence of legal counsel, not on the actual details of the case, could provide grounds for an appeal.
Case Precedent
Additionally, most criminal appeals are shaped considerably by case precedent. The appellate courts exist to help ensure consistency in the trial courts’ decisions, preventing individuals with the same or similar charges and case details from receiving different sentences. As such, understanding case law and court procedures can be a massive benefit to those attempting to appeal a conviction in New York based on ineffective assistance of counsel. A skilled attorney may be able to provide this assistance and help correct miscarriages of justice.
Consider speaking with a criminal appeals attorney from The Law Office Of Benjamin Greenwald today for a case evaluation.
What Constitutes Ineffective Assistance?
Court cases are complex, particularly when criminal charges are involved, which means that recognizing ineffective assistance of counsel in the moment is challenging. Additionally, what may appear to be incompetence to the casual observer may still meet the minimum state requirements for legal representation. The expected standards and behaviors for a New York trial attorney may not always line up with a defendant’s personal feelings. However, understanding these requirements and standards can help clarify whether an appeal is viable based on a claim of ineffective counsel.
Legal Standards
According to the National Association of Criminal Defense Lawyers, appealing a conviction based on ineffective assistance of counsel can be a challenge and is not often pursued. To overturn a conviction based on ineffective counsel, the defendant must prove two things. First, the defendant must prove that the legal counsel performed below a reasonable standard of competency in their case. Secondly, the defendant must prove that the poor performance of their attorney significantly undermines confidence in the result of the case. They do not have to prove that another outcome was guaranteed with effective counsel, but they must prove that the ineffective assistance of counsel directly contributed a significant amount to the undesirable sentencing.
Post-Conviction Appeals
The New York appellate courts review trial court cases when miscarriages of justice or misapplications of the law may be present. Individuals may note that the appellate courts function differently from a standard trial court in New York. While trial courts hear evidence, evaluate arguments from the plaintiff and defendant, and then come to a conclusion, the appellate courts do not. Appeals challenge issues of law, not issues of fact. Criminal appeals are not a retrial of the case, but an argument that the law was mishandled. In the case of ineffective assistance of counsel, an appellate attorney will make the case that the competency of the trial attorney did not meet the required standards of the Sixth Amendment and other New York state laws.
Benefits of a Criminal Appeals Attorney
A skilled New York criminal appeals attorney can work to help reverse convictions made because of ineffective assistance of counsel. Criminal appeals are designed to advocate for the legal rights of these individuals and ensure that the justice system remains fair and consistent. An appellate attorney can help write a brief for the appellate court explaining the errors of law, while lending their legal credibility and competency to your case. New York criminal law is complex, but an attorney can help their clients navigate these challenges and present a compelling case to the reviewing judge. Additionally, an appeals lawyer can help provide peace of mind and reassurance that the individual is receiving competent assistance and legal advice. Criminal law attorneys can also provide advice on conduct and presentation in court for defendants.
A New York Criminal Appeals Lawyer Can Help
Criminal appeals are a complex field of law, and are often difficult to pursue without the guidance of an experienced attorney. In the event of ineffective assistance of counsel, the defendant will have to evaluate the state standards for attorneys, review the trial case, identify errors of law, and compile these facts into a written brief for the appellate court. Navigating this myriad of details after a conviction can be overwhelmingly difficult. Fortunately, an experienced New York criminal appeals attorney from The Law Office Of Benjamin Greenwald can help. Schedule an initial consultation today by calling (845) 567-4820 to speak with an attorney.
