At Mischel & Horn, P.C., we understand that the criminal appeals process can be overwhelming and confusing. Our attorneys have served as legal clerks in the appellate courts and have over 50 years of combined legal experience. We have the necessary insight to confidently guide you through the appeals process as you look to either challenge your conviction or lessen an unjust sentence.
Our legal team will partner with you through each stage of your case. During an appeal, we must prove that substantial legal errors contributed to your unjust conviction or sentence. Our goal is to develop a strong case strategy that can convince the appellate judges that they should correct the original court’s decision.
If you are interested in pursuing an appeal to your criminal case, call our New York office at 212-425-5191 to schedule a free case consultation. We are prepared to help you regardless of your original charges. Our lawyers have experience representing clients convicted of everything from narcotics trafficking to Medicare fraud.
Identifying Reversible Errors
A lot of your appeal depends on the information released during your original trial and your trial lawyer’s actions. New evidence or witnesses are typically not admitted into a court of appeals, unless the new information could reverse the initial court’s decision. The legal errors we present to the appellate court must be substantial enough to potentially change the outcome of your case. These are known as reversible errors. Minor legal or procedural errors will be dismissed as inconsequential.
The Importance Of A Strong Written Brief
Unlike a traditional criminal trial, with regular verbal arguments and questioning, an appeal is primarily based on written argument. An appellate attorney will file a brief outlining the reasoning behind your appeal at the start of your case. The prosecution will also have an opportunity to file a brief against your appeal. However, the court may request oral arguments if they would like additional information. This is up to the court’s discretion.
Ensuring Your Case Meets All Deadlines
The appeals process is highly regimented and relies on a series of strict deadlines. You must file an appeal within 30 days of your initial state court ruling, or within 60 days of a federal court ruling. There are regular deadlines throughout the appeals process to ensure an efficient case resolution. Failure to meet any deadline can damage your ability to pursue an appeal. Our meticulous legal team knows each and every deadline. When you secure our services, we will make sure that your case does not fall through the cracks.
Contact Us For Dedicated Legal Advocacy
A criminal conviction can have long-lasting consequences. We understand the gravity of your situation and will provide the dedicated legal support you need throughout the appeals process.
Schedule a free initial consultation to discuss your case and to learn more about the court of appeals. We are happy to answer any of your questions. Call Mischel & Horn, P.C., at 212-425-5191 or contact us online. We assist clients in Manhattan and the five boroughs, along with New Jersey, Long Island and Westchester County.