Menu Contact
Robert D. DiDio & AssociatesRobert D. DiDio
& Associates
Call To Schedule An Appointment
917-300-0984
En Español
SERVING NEW YORK WITH INTEGRITY & COMMITMENT

The how and when of the criminal appeals process

In the event that a person is convicted of a crime, he or she has several options. While some go along with the ruling of the court, others realize it would be in their best interest to file an appeal.

Upon filing an appeal, the convicted person is requesting that a higher court review certain details of the case.

From the defendant's side, an appeal is often a final effort to have a conviction overturned. He or she feels that legal mistakes were made that impacted the decision of the jury or the sentence that was imposed.

Conversely, the court reviewing the case has obligations as well. Here is what FindLaw has to say: "In considering an appeal, the court reviewing the case looks only at the "record" of the proceedings in the lower court, and does not consider any new evidence. The record is made up of the court reporter's transcripts of everything said in court, whether by the judge, the attorneys, or witnesses." The higher court will then take everything into consideration as to reach a decision.

It doesn't matter if you are filing an appeal at the federal or state level, keep in mind that it can take many months for a decision to be handed down.

It is hard enough going through the legal system one time. If you find yourself filing an appeal, you will once again be faced with uncertainty.

Those who are fortunate get the outcome they are hoping for the first time around. They never have to file a criminal appeal. Just remember, this is not the way things always work out. There are times when an appeal is necessary.

Source: FindLaw, "Criminal Appeals Overview" accessed Mar. 11, 2015

No Comments

Leave a comment
Comment Information

What Our Clients Say

  1. Pedro from Nassau County

    “I was arrested and charged with being the getaway driver during a knife point robbery. The police stopped my car a block away from the robbery with my co-defendant in the car with me. The victim identified my co-defendant to the police within 5 minutes of the robbery...

    - GREAT JOB MR. DiDIO!”
  2. We understand the pain, stress, inconvenience and financial turmoil that can result when you are suffering from a personal injury.

  3. Intellectual property law is complex — if you have an idea you should consult with an experienced attorney before making any decisions.

  4. Póngase en contacto con nosotros para programar una consulta inicial de media hora gratuita con un abogado con experiencia. Hablamos español.

  5. Póngase en contacto con nosotros para programar una consulta inicial de media hora gratuita con un abogado con experiencia. Hablamos español.

  6. Póngase en contacto con nosotros para programar una consulta inicial de media hora gratuita con un abogado con experiencia. Hablamos español.

  7. Póngase en contacto con nosotros para programar una consulta inicial de media hora gratuita con un abogado con experiencia. Hablamos español.

Email Us For A Response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
Fax: 718-793-0165
Kew Gardens Law Office Map