Once a guilty plea has been submitted in the State of New York, the appeal landscape changes significantly. However, even though many defendants think they have no options after pleading guilty, appellate courts do sometimes overturn or vacate guilty pleas when they’re proven invalid. There are many legitimate reasons that a defendant may decide to hire a criminal appeal attorney, even after entering a guilty plea, and there is legal precedent at both the state and federal levels to aid the accused.
New Yorkers looking to appeal their sentence after a guilty plea may want to consider reaching out to an experienced criminal appeal attorney at The Law Office Of Benjamin Greenwald at (845) 567-4820 to explore their legal options.
Common Reasons for Hiring a New York Criminal Appeal Attorney After a Guilty Plea
Some of the most common reasons for hiring a New York criminal appeal lawyer after a guilty plea are as follows.
- The Defendant Believes Their Guilty Plea Was Not Valid – A defendant may feel as if their guilty plea was unknowing or involuntary, or perhaps was made on their behalf without them understanding what exactly they were agreeing to. Perhaps the plea was based on poor advice from their trial lawyer. It’s also possible that they were coerced into submitting a guilty plea by threats or misinformation.
- The Defendant Wants To Challenge The Sentence – A guilty plea typically waives appeal of most trial issues, but defendants can still appeal an illegal or excessive sentence. An appeals lawyer can help argue for a sentence reduction or modification.
- If New Evidence Emerges – Sometimes, new facts come to light during or after a guilty plea that can fundamentally change the circumstances of one’s defense. For example, withheld evidence, a recantation by a witness, or the appearance of a new witness may justify a post-conviction motion.
Knowing the common grounds for a criminal appeal can help understand how a guilty plea can influence the appellate process.
A Closer Look At New York’s Criminal Procedure Law (CPL) 440.10
A guilty plea can have a significant impact on an appeal under New York criminal law. Understanding the local laws can help clarify helpful strategies.
What is CPL § 440.10?
CPL § 440.10 is one of the most important post-conviction remedies in New York, and allows defendants to present new information to the court that they could not during direct appeal. It also allows a defendant to ask the trial court to vacate or set aside a judgment of conviction if there are serious legal or factual problems with the conviction. Most importantly, a 440.10 motion can be filed after a guilty plea or a conviction. A guilty plea usually waives most appellate rights, but it does not waive the right to challenge whether the plea was valid, constitutional, or lawfully entered. Therefore, if a defendant believes their guilty plea was not knowing, voluntary, or intelligent, a 440.10 motion is the proper vehicle.
There are, however, limits to filing a 440.10 motion. There needs to be some kind of legal or factual defect to a guilty plea, such as the emergence of new evidence, jurisdictional issues, or constitutional violations. A defendant cannot simply say they regret pleading guilty and wish to have a “do-over.” Significant nuance is involved with entering an appeal after a guilty plea, so hiring an experienced New York criminal appeal attorney at The Law Office Of Benjamin Greenwald could be the difference between success and failure.
How Much Time Does A Defendant Have To File An Appeal After a Guilty Plea In New York?
Under CPL § 460.10, a notice of appeal must be filed within 30 days after the imposition of a sentence, and that applies whether the conviction was after a trial or a guilty plea. If a defendant misses this deadline, they will usually lose their right to a direct appeal. Two copies of a written Notice of Appeal with the City Court that oversaw the case must be filed either by mail or in person, and each notice must contain a caption of the case, the docket number, and a statement detailing the defendant’s intention to appeal their conviction.
If 30 days pass, options for the accused become much more limited. They may be able to file a motion for leave to file a late notice of appeal; however, this is only granted in very limited circumstances. They could also potentially use a CPL § 440.10 motion for post-conviction relief if their claim is based on facts outside the record. If all other state remedies have been exhausted, it’s also possible to seek federal habeas corpus later. In general, it’s critical to take action before the 30-day window expires.
What Happens After The 30-Day Limit Expires And A Defendant Still Hasn’t Filed An Appeal?
Under CPL § 460.30, you can ask the appellate court to permit a late filing, but this must be done within one year and 30 days from the date of sentencing. Defendants must provide a good reason as to why they were late to appeal, such as not being informed of their right to appeal, being misled, or their lawyer failing to file. A lot of defendants lose their appeals because their trial lawyer never filed the necessary notice of appeal within the 30-day window. Ultimately, the court has complete discretion during this process and can easily deny defendants. Courts are more sympathetic when the failure was not the defendant’s fault, for example, due to an attorney error, or a lack of notice of rights.
Filing an appeal after the 30-day window, while possible, is rarely a viable option for defendants, regardless of their plea.
Learn How Hiring A New York Criminal Appeal Attorney After A Guilty Plea Can Help Navigate The Appellate Process
The first step to navigating the appellate process after a guilty plea in New York is getting in touch with an experienced criminal appeal lawyer like The Law Office Of Benjamin Greenwald at (845) 567-4820. Due to some of the complexities and the time-sensitive nature of filing an appeal after a guilty plea, having the right lawyer by their side is critical to a defendant’s chance of success in the appellate process.
