According to the Bureau of Justice Statistics, state appellate courts reviewed 69,348 appeals in 2010. Of those appeals, appellate courts reviewed 63% on the merits. Of those cases, 52% were affirmed, while only 12% were reversed or remanded by the appellate courts. This equates to only 8,226 “victories” across the entire nation (from the perspective of defendants). While these statistics are more than a decade old, they should give defendants a sense of how difficult it can be to successfully appeal a decision in New York.
Defendants may find it easier to face this challenge after enlisting the help of a criminal appellate lawyer in Newburgh, New York. But how exactly does a criminal appellate lawyer help in this situation? Why might working with one of these legal professionals be important? Defendants may be able to ask questions like these after contacting The Law Office of Benjamin Greenwald at (845) 567-4820.
The Stakes Are Often High During Appeals
During a criminal appeal, a defendant asks a higher (appellate) court to review the decisions made by a lower (trial) court. In other words, it represents a potential opportunity to achieve a positive outcome after a negative trial decision. This course of action could be advisable after a trial court convicts a defendant of a crime. Those convicted of serious crimes may feel more incentivized to file appeals, as this course of action could represent one of the few remaining pathways toward freedom and justice. For example, a defendant convicted of assault in the second degree faces relatively severe penalties in New York. According to the Consolidated Laws of New York, this is a class D felony with a prison sentence of up to 7 years.
In situations like this, the stakes are relatively high. If the appeal does not succeed, the defendant may spend years behind bars. This experience could be life-altering in many ways, and a serious criminal conviction also erodes many rights and privileges. A felony conviction could cause reputational damage, especially if there is societal stigma attached to the specific crime. These high-stakes factors highlight the importance of approaching appeals in an effective, organized manner. This goal may be easier to achieve with assistance from a criminal appellate lawyer, and many defendants who are serious about positive appellate results choose to work with these legal professionals.
A Criminal Appellate Lawyer Can Assess Whether Filing an Appeal Makes Sense
Although a criminal appellate lawyer can assist with virtually every aspect of an appeal, the initial stage of the process could be particularly important. During these initial stages, defendants should carefully assess whether it makes sense to file an appeal. First, there may be insufficient grounds to explore this possibility. In New York, appellate courts will only hear cases with clear errors at the trial level. These errors might include bias, abuse of discretion, ineffective assistance of counsel, and a few other possibilities. The key takeaway is that defendants cannot file appeals simply because they do not like the results they have experienced at the trial level. Those who suspect they may have grounds for appeals may contact The Law Office of Benjamin Greenwald for further clarification.
Defendants should also consider the time-consuming and potentially expensive nature of a criminal appeal. An appeal represents a new set of legal fees beyond the trial level, and these costs could be burdensome or insurmountable for many defendants. Even if defendants have the necessary resources to pursue appeals, they may want to consider their chances of success and weigh them against the total costs involved. While there is no legal requirement to hire a criminal appellate lawyer, the cost of simply filing an appeal with the Appellate Division is $315 in New York. Finally, other options for post-conviction relief may be more appropriate compared to appeals. These options might include writs of habeas corpus or 440 motions, and criminal appellate lawyers may be able to help defendants learn more.
Not All Criminal Defense Attorneys Have Appellate Experience
A criminal defense lawyer in New York does not necessarily have appellate experience. In fact, many criminal defense lawyers do not even have much trial experience. Public defenders, for example, typically focus more on negotiating plea deals with prosecutors rather than going to court. Appellate courts follow distinct rules and processes compared to criminal trials, and lawyers who file appeals should be familiar with these distinctions. For example, the process of “perfecting an appeal” can be time-consuming, arduous, and subject to numerous formatting requirements. There are also specific requirements associated with briefs, such as a 14,000-word limit. Lawyers may even need to staple pages together in a certain way when preparing these documents.
Due to these specific processes and rules, defendants may wish to work with different attorneys when pursuing appeals. While the lawyers they worked with at the trial level may be competent, they may lack the necessary experience to pursue appeals effectively. Defendants are allowed to change lawyers when filing appeals, although they may need to notify the relevant courts of these changes before proceeding.
Learn More About Criminal Appellate Lawyers with The Law Office of Benjamin Greenwald
While the statistics regarding appeals indicate that the chances of success are relatively low, it is important to remember that each case is different. If there are legitimate grounds for an appeal, such as a clear error, then defendants should not hesitate to fight for their rights in appellate courts. The first step in this process may be to determine whether such grounds exist. An experienced criminal appellate lawyer may be able to help defendants determine whether appeals are even possible, and they may estimate the chances of success. From there, the defendant can decide whether to move forward.
The specific type of assistance a defendant may receive from this point on depends on the unique aspects of the case in question. As a result, it may make sense to discuss these specific factors with an experienced criminal appellate lawyer in New York instead of relying solely on internet research. Continue this discussion by contacting The Law Office of Benjamin Greenwald at (845) 567-4820.
