According to the Federal Bar Association, federal courts have no obligation to adhere to any timeframes when approaching appeals. The same is true in New York, where state-level courts are not obliged to follow any timelines when deciding appeals. Although this might not seem fair, defendants do not have this same kind of freedom. Instead of taking all the time they need, defendants must instead “perfect” their appeals within a set time limit. As a result, it may be important for defendants to act quickly. Every day counts, and an experienced defense attorney in New York may be able to help defendants follow all of the necessary steps before completing their appeals within the appropriate timelines. Those who wish to learn more about perfecting an appeal may schedule consultations with lawyers to discuss these steps in more detail. Consider continuing this conversation by contacting The Law Office of Benjamin Greenwald at (845) 567-4820.
“Taking an Appeal” Must Occur Before Perfecting an Appeal
Before a defendant can begin the process of perfecting an appeal, they must first engage in a process called “taking an appeal.” This process is relatively simple, and it involves filing a notice of appeal. Although it might be straightforward, taking an appeal is associated with an extremely short deadline of just thirty days. The deadline is firm, and courts rarely extend it. This 30-day timeline begins when the defendant is served with the notice of entry. In other words, a defendant has a month to file a notice of appeal after receiving their sentence.
The Supreme Court of the State of New York states that taking an appeal starts when a defendant files their notice of appeal with the Clerk of Court in which the criminal case occurred or commenced. Defendants may need to work with attorneys to determine the correct Clerk of Court with which to file their notices.
For defendants who missed their 30-day window, in some cases a motion may be filed with the Appellate division asking the court to accept a Late Notice of Appeal. It is important to contact a competent appeals attorney to determine if this might be an option for you.
What Does “Perfecting the Appeal” Mean?
When a defendant “perfects” their appeal, they finish or complete it. In Latin, the verb “perficere” means “to finish,” and this may explain the use of the word “perfect” in this legal context. Defendants should know that their appeal does not have to be literally “perfect” in the context of being free from even the most minute errors. However, defendants do need to finish the process within a certain amount of time while adhering to extensive formatting requirements. In New York, there is a six-month “abandonment rule” for many appellants. This means that if a defendant does not perfect their appeal within six months of filing their notice of appeal, the case will be dismissed by the appellate court. In other instances the timeline may be longer, and motions to the court for extensions may be made, although these are not always granted.
What Are the Necessary Steps When Perfecting an Appeal?
Although the specific steps may vary from court to court, New York has made an effort to standardize the process of perfecting an appeal across the entire state. The Supreme Court of the State of New York states that the first step is to prepare the complete record. The record in this context refers to all “necessary papers” related to the appeal, which may be determined by the defense attorney of the appellant (the person filing the appeal) or the court clerk. The original certification settling the record is also required. Appellants may also provide a copy of this certification.
An experienced defense attorney from The Law Office of Benjamin Greenwald may be able to help defendants gather the necessary documents during this process. The complete record on appeal may include memoranda of legal and oral arguments related to the appeal, but not always. The New York Supreme Court advises appellants to refer to the original order or judgment. This judgment should mention all of the various papers that parties should include in the record when perfecting an appeal. The Supreme Court also notes that in criminal matters, the court can consider any material it deems necessary and relevant to the case at hand.
There Are Extensive Formatting Requirements When Perfecting an Appeal
Defendants must adhere to various formatting requirements when perfecting their appeals. For example, all copies of briefs, records, and appendices must be clearly legible and black and white. While the court encourages appellants to use recycled paper, this is not mandatory. A standard paper size of 11 by 8 and ½ inches is mandatory. While appellants should bind these papers on the left side in a secure manner, any binding methods that create overly bulky or sharp surfaces are prohibited. Although appellants can bind papers together, they must create separate volumes that are less than two inches thick.
There are also detailed formatting requirements regarding the cover of the record. This cover page should contain the title, the names and contact information of the attorneys, the index number, the claim number, the indictment number, and the docket number (if assigned). After the cover page, appellants should create a table of contents detailing the sections of the record, the exhibits, and their page numbers. Each page should contain a number at the top. While these formatting requirements may seem tiresome, defendants should know that the court may reject filings that do not comply with the rules. This may cause unnecessary delays as filings are edited by attorneys to comply with the formatting requirements. An attorney with extensive experience in appellate filings may be able to avoid these issues.
You May Need to Add Appendices When Filing Criminal Appeals
The Supreme Court of New York states that appendices may be necessary when perfecting appeals. A defendant who has taken advantage of “poor person relief” may need to add appendices such as copies of notices of appeal, copies of certificates of conviction, copies of indictment, motion papers, affidavits, exhibits, and more.
Learn More About Perfecting an Appeal With The Law Office of Benjamin Greenwald
Perfecting an appeal consists of several fairly simple steps. However, these steps can be deceptively challenging to complete within the six-month deadline. That being said, there may still be options for post-conviction relief even after an appeal fails. 440 motions may also help defendants achieve positive results, and they may address issues outside of the trial record. A writ of habeas corpus may also represent a viable choice if all state-level attempts fail. Each case is different, and it makes sense to choose a strategy that targets the unique circumstances at hand. Consider discussing these factors in more detail with an experienced criminal defense attorney in New York. Defendants may wish to contact The Law Office of Benjamin Greenwald at (845) 567-4820 for more information about the various possibilities.
