There is a lot to know about the criminal appeal process, especially with laws differing from one state to the next.
While not typically the case, there are situations in which a prosecutor, defense attorney or judge makes a mistake during a trial. If this happens, the person convicted of the crime may be able to file an appeal to have the conviction overturned.
This is easier said than done, since there is a lot that goes into successfully appealing a conviction. The convicted must be able to prove that some type of error of law occurred during the trial. This could include prosecutorial misconduct, improper admission of evidence, incorrect instructions given to the jury and the ineffective or inappropriate assistance of counsel.
Many people are under the belief that the criminal appeals process is similar to trial; however, this is not the case. For this reason, it is important to learn as much as possible about this process, including what will happen from beginning to end.
There are time limits in place for filing an appeal, so you don’t want to wait too long to decide to move forward.
In addition to what you can learn on your own, an experienced legal team can step in and take control of the appeal process. You want to know that you are in good hands during this time, as it takes an attorney with knowledge of appeals to provide the proper assistance.
If you want to learn more about criminal appeals, regardless of the reason, you can get started on our page entitled “New York Post-Conviction Motions Lawyers.”