Appealing isn't simple, but there are reasons to do it

A criminal appeal is a review of a trial court's activities to see if any legal errors were made. For example, you or your attorney may believe that a piece of evidence was tampered with or that the lower court made a serious error of law.

There are several reasons why you might want to seek an appeal including:

  • Believing the evidence isn't strong enough to support the verdict
  • A claim of ineffective assistance of counsel
  • A claim that the lower court abused its own discretion when making an erroneous ruling
  • Believing that the lower court made an error in interpreting the law or applying the law

An example of a plain error would be if a judge sentences the defendant incorrectly. For example, if there is a maximum sentence of 10 years for a crime and the judge issues a sentence for 20, the defendant and their attorney could appeal the sentence.

It is more difficult to win an appeal based on insufficient weight of the evidence provided. However, if you can provide proof that a judge disallowed evidence that might have changed the outcome of your trial, then an appellate court would be more likely to grant your appeal.

Abuse of discretion is interesting, because judges do have a wide range of discretion when sentencing defendants. However, if a ruling is clearly unfair, not supported by the facts of the case or the law that affects the case or is erroneous, then an appeal could be beneficial and granted.

Your attorney will support you as you look into an appeal so that you can decide on the best method to do so.

No Comments

Leave a comment
Comment Information
View Our Testimonials
  1. What Our Clients Say

    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. What Our Clients Say

    Johnny From Astoria "Mr. DiDio represented me during a murder trial in 2008. I was acquitted of all charges and released from jail after a four-week trial. I am now pursuing a civil suit against the police to compensate me for the time I was wrongfully incarcerated. Mr. DiDio literally saved... - I would highly recommend him as a trial attorney.”

  3. What Our Clients Say

    Frank from South Jamaica “Narcotics officers from Queens County arrested me in front of my house and claimed I had pre-recorded buy money in my pocket after they said I sold cocaine to an undercover officer a few minutes earlier. I was not guilty of the charges and planned to go to trial to prove... - There is no better criminal defense lawyer in NYC.”

  4. What Our Clients Say

    Lamar from Brooklyn “The Special Narcotics Prosecutor in Manhattan indicted me for the possession of a large quantity of crack cocaine. The police officers claimed they saw me make a sale of cocaine to a female and while they were arresting me, they said a softball size bag of crack cocaine fell from... - Thank you so much Mr. DiDio for the fantastic job you did on my case.”

  5. What Our Clients Say

    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!”

  6. What Our Clients Say

    Kenny From Jamaica Queens “I don’t know how to thank Mr. DiDio and his Staff. When I first hired the Law Office of Robert DiDio & Associates, I had two violent felony charges pending against me. I had little or no hope of avoiding significant jail time. My former attorney was encouraging me... - Thank-you for a great job done.”

  7. What Our Clients Say

    Christian from Long Island "My mother hired Mr. DiDio to represent me for my first and only criminal case. I was charged with criminal possession of a loaded firearm and other minor charges. Prior to indictment the Prosecutor's Office offered me a plea bargain that would include me pleading guilty to... - My family and I thank him very much for his hard work.”

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

Robert D. DiDio & Associates
8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
Kew Gardens Law Office Map

Map