Appeals Process

Appeals Process

During a criminal appeal, the defendant will now be referred to as the ‘appellant’ because they are appealing a decision of the courts. The criminal attorney will advocate that the conclusion of the original trial was not just, and they will provide evidence to back up the claim.

When an appeal is made, the courts will look over the record of the previous trial. This means that they will read the transcripts of the court proceedings and examine the evidence and testimony that was provided. They will not look at any new evidence.

The next stage is where the courts look at the briefs of both sides. When making a criminal appeal, the prosecutor will be notified and will begin to defendant the original verdict. Both the prosecutor and criminal attorney will make a written ‘brief’ which the judge will read when considering whether to approve the appeal. The criminal attorney will create a brief that explains why the original verdict was wrong. It is uncommon for an attorney to be allowed to make an oral presentation before the judge. In rare circumstances, these presentations will be brief and within a strict time limit.

Making an Appeal

The criminal defense will receive all the information on your case, including transcripts from the court proceedings, any paperwork, and any evidence, including exhibits. After looking over the material, your criminal attorney will prepare a motion to appeal, and sometimes this must be accompanied by an explanation in appeals court. If this is the case, your criminal defense attorney will personally go down the appellate court and explain why they think there is sufficient cause for an appeals trial. During this ‘‘appellate argument’’ you will not be able to attend if you are currently imprisoned. However, if your conviction did not involve a prison sentence, then you will be free to go.

Outcomes of an Appeal

What you are looking for from the appeals court is most likely the approval to have an appeals trial. However, they may rule an ‘‘affirmance’’ which means that they believe the original trial showed that you were guilty beyond reasonable doubt. If this is the case, you will have a difficult time making further appeals, and will have limited rights in taking your case further with the Court of Appeals. Basically, if they affirm your conviction, you will no longer be able to appeal. It is possible to take some cases further by going to the United States Supreme Court. You should consult your criminal defense attorney as to what options are available in with your case.

If your conviction ends up being reversed, you could receive a number of different outcomes. Sometimes, a case can be dismissed, or a new trial can be opened. These are usually the best outcomes in an appeal. At other times, a conviction may be modified, resulting in lesser charges or a lowered sentence or both. Any of these issues could also be put back into trial court, meaning that there would be hearings to determine the outcome.

Application for a Stay

During the appeal process, it is possible to be released from prison pending the outcome of the new trial. In order to do so, your New York City criminal defense attorney must file an ‘‘application for a stay’’. If the application is granted, you can be released on bail, but whether it is possible or not depends on your case and the circumstances surrounding the appeal. An application for a stay is not possible if you are convicted for a class A felony. You can only make this application once during the appeal, but can try again if the case goes to the Court of Appeals.