New York Appeals Attorney

At Raiser and Kenniff, P.C., we understand that the legal process can be daunting, especially when seeking an appeal in New York. Our team of dedicated criminal appeals lawyers, with over 100 years of combined experience, offers comprehensive legal representation to help you fight for justice and overturn previous decisions. With offices in Manhattan, Mineola, and Suffolk, we are here to provide you with the strategic defense and personalized service you deserve.

Your case deserves a second chance – Let a top New York appeals attorney help! Call (888) 646-0025 or complete this online form to schedule a consultation!

Understanding Criminal Appeals in New York

Criminal appeals in New York are complex processes that require meticulous attention to detail. An appeal is not a retrial but a review of the original court proceedings to determine if legal errors were made. Our experienced appeals attorneys in New York meticulously examine the trial records, identify errors, and craft compelling arguments to present to the appellate courts.

Grounds for an Appeal

A conviction or unfavorable ruling does not automatically qualify for an appeal. A New York appeals attorney must identify specific legal errors that occurred during the trial, which may include:

• Judicial Errors – Mistakes made by the judge, such as improper jury instructions or wrongful admission/exclusion of evidence.
• Ineffective Assistance of Counsel – If the trial lawyer provided substandard representation that affected the outcome, this could be grounds for an appeal.
• Prosecutorial Misconduct – Actions by the prosecution, such as withholding evidence or making improper statements, may justify an appeal.
• Insufficient Evidence – Convictions must be based on substantial evidence. If the prosecution failed to meet its burden of proof, an appeal might be warranted.
• Sentencing Errors – If a judge imposed a sentence that exceeds the legal limits, an appellate court may modify or overturn it.

The New York Appellate Process

The appellate process in New York follows strict rules and deadlines. Missing a filing deadline can result in the appeal being dismissed. Below is an overview of the steps involved:

1. Filing a Notice of Appeal: The first step is to file a Notice of Appeal, which informs the court and the opposing party of the intent to challenge the verdict or sentence. This must typically be done within 30 days of the final judgment.
2. Obtaining the Trial Record: The trial record includes transcripts, exhibits, and all documents filed during the case. A New York appeals attorney meticulously reviews the record to identify any legal errors.
3. Writing and Filing the Appellate Brief: The appellate brief is the cornerstone of an appeal. It presents legal arguments, supported by precedent and statutes, to demonstrate that the trial court’s decision was flawed. This document must be persuasive, well-researched, and meticulously prepared.
4. Oral Arguments: In some cases, appellate judges may schedule oral arguments, where attorneys present their case before a panel of judges. A skilled New York appeals lawyer delivers compelling arguments and answers questions posed by the court.
5. Decision by the Appellate Court: The appellate court reviews the arguments and issues a written decision. The court may affirm the lower court’s decision, reverse the ruling, order a new trial, or modify the sentence.

Potential Outcomes of an Appeal

The appellate process does not always result in an overturned conviction or ruling. However, several favorable outcomes can occur:

• Reversal of Conviction – The appellate court may overturn the conviction if legal errors affected the verdict.
• New Trial – A retrial may be ordered if errors compromised the fairness of the original trial.
• Sentence Modification – The court may reduce an excessive sentence.
• Affirmation of Conviction – If no significant errors are found, the conviction is upheld.

Get Legal Support From Appeals Lawyers

Choosing Raiser and Kenniff, P.C. means you benefit from the experience of former prosecutors who bring invaluable insights into New York's legal landscape. We pride ourselves on providing personalized attention by limiting our cases, ensuring each client's situation is thoroughly investigated and strategically addressed. By offering round-the-clock attorney access, we are committed to giving you the confidence and support needed throughout this challenging process.

Our key strengths include:

• Unparalleled Experience: With a team of skilled attorneys, we handle both state and federal appeals, giving you a broad advantage.
• Personalized Service: We take on fewer clients to dedicate time and resources for exceptional legal representation.
• Multilingual Assistance: Services are available in English, Spanish, and Russian, broadening our accessibility.

In addition to this personalized service, our firm’s commitment to effective communication ensures our clients are fully informed and engaged throughout their appeal process. We believe that transparency is key, and we make it a priority to keep you updated on every development, offering guidance and answering any questions you may have along the way.

Contact Us for the Strategic Defense You Deserve

If you believe mistakes were made in your initial trial, it's time to contact Raiser and Kenniff, P.C. for exceptional criminal appeals representation in New York. Our commitment to providing personalized, strategic defenses for our clients, backed by former prosecutors' insights, positions us uniquely in the legal landscape. We invite you to schedule a free consultation to begin navigating your appeal with the confidence and support you need. 

Call (888) 646-0025 or reach out online today, and let our dedicated team provide the representation you deserve.

FAQs About Appeals in New York

What Is the Time Limit for Filing an Appeal in New York?

In New York, the timeframe for filing an appeal can vary depending on the specific type of case and court decisions involved. Generally, you have 30 days from the date of judgment to file a notice of appeal. It's crucial to act promptly since missing this deadline can eliminate your chance to appeal. Our experienced criminal appeals attorneys in New York can guide you through every step of filing, ensuring all procedural requirements are met. By starting early, we can properly examine the trial record, uncover any legal errors, and effectively prepare your case for review.

Can New Evidence Be Submitted During an Appeal?

Unlike initial trials, appeals are not opportunities to present new evidence. Instead, they focus on scrutinizing the trial's legal aspects to identify errors. The appeals court reviews the trial's record as it occurred to determine if any mistakes warrant altering the decision. Our criminal appeals attorneys excel at identifying and elucidating these errors in legal settings, creating compelling arguments for appellate review. Trust Raiser and Kenniff, P.C. to make a detailed assessment of your case, leveraging extensive experience to guide appeals successfully in New York.

What Are My Chances of Success in a Criminal Appeal?

The success of a criminal appeal depends on numerous factors, such as evidence of significant legal errors in the trial and the skillful preparation of the appeals documentation. By employing former prosecutors, Raiser and Kenniff, P.C. offers a unique strategic edge in crafting appeals that effectively communicate perceived errors to appellate judges. While no outcomes can be guaranteed, our tailored approach and in-depth understanding of New York courts enhance your prospects of receiving a favorable ruling.

How Can Raiser and Kenniff, P.C. Assist with Military Appeals?

We proudly offer specialized services in appeals for military personnel, recognizing the unique legal challenges they face. Our lawyers combine military law experience with ongoing support tailored to veterans' specific needs. We focus on overturning unjust trial outcomes and ensuring fair treatment. Serving clients in Manhattan, Mineola, and Suffolk, our comprehensive approach reflects our dedication to protecting the rights of service members across New York. Let us use our skills and dedication to stand by you in your time of need.