Facing serious criminal charges in New York for a crime you did not commit can leave you feeling disheartened and hopeless. If your circumstances allow, you may seek to appeal your case.
Part of filing an appeal is making sure your presentation is compelling. One of the best things you can do is to add details to your case and gather new evidence to support your request to have your conviction overturned.
Getting your case court-ready
The first step in filing an appeal is filling out the required documents and submitting them to the appropriate court authorities. If your case receives approval, the process of perfecting your appeal begins. According to the New York State Unified Court System, some of the things that may happen during an appeal include the following:
- Preparing a brief to define your reasons for appealing
- Acquiring a transcript of your prior court case
- Scheduling a new trial date for the appeal consideration
This process requires time and considerable thought as you strategize ways to improve the delivery of your case. Working with your attorney, you will look at every aspect of your case. You may look for new witnesses, search for additional evidence and improve the timeline of your activity in the days and hours surrounding the crime in question.
Looking at your future
Filing an appeal does not guarantee dismissal of your case. Depending on the outcome of events, a few different things could happen. First, the courts may issue the same ruling as before. Second, the courts may agree to modify your former sentence based on doubts about the legitimacy of facts presented in your original case. Third, the courts may agree to overturn your conviction because of new information presented in your appeal that proves your innocence.