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What appeals options do I have available to me?

| Mar 18, 2020 | Criminal Appeals |

Many defendants feel like their lives are over once they’re found guilty of a crime. This is especially the case if they find out that they’ve been sentenced to several years in prison. A conviction doesn’t have to be akin to a guard locking you up and throwing away the key though. There are post-conviction relief options that you may be able to pursue after a jury or judge has rendered a verdict in your case.

You may be entitled to the First Appeal of Right if the judge presiding over your case has ruled against you as you’ve file certain motions in your case. The government may provide you with an attorney to advise you of your rights and to represent your interests if you file such an appeal.

Another situation that may result in your conviction being reassessed or set aside is if a Review of the Effectiveness of Defense Council needs to be performed. All defendants in criminal cases are entitled to representation by a competent attorney. If you can show proof that your attorney was either ineffective or incompetent, then you may be entitled to have your conviction set aside and case retried.

You, as the defendant, may also request a retrial if some serious error occurred during your initial one. Generally, the attorney who handled your first trial will automatically file a petition for a retrial after your case. You should make sure that they do.

There are some additional post-conviction remedies that you can pursue. Existing laws may not guarantee you the right to be represented in such cases though.

You may initiate habeas corpus proceedings if you have reason to believe that you being locked up violates your constitutional rights. You may also be able to file a discretionary appeal petition with the Supreme Court if you believe your case had errors.

Defendants that believe that they’ve been wrongfully convicted may be able to request a parole hearing, for a commutation of their sentence, a pardon or clemency. Anyone who has fully served their time in prison may also be able to petition for an expungement of their records.

The appeals process is quite involved here in Kew Gardens. A criminal appeals attorney can advise you of the many different remedies that are available to you and help you decide between pursuing one option versus another in your New York case.


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