Are You Looking To Clear Your Name? Considering Filing A Notice Of Appeal?
If you have been convicted of a crime in the state of New York, it’s natural to wonder what the next steps are. Many people choose to at least evaluate filing a criminal appeal.
Your criminal defense attorney should file a notice of appeal as soon as possible after the case has concluded. In order to appeal a criminal conviction, the notice of appeal is the first piece of paperwork that has to be filed. This is a statement from the person who is convicted of a crime, stating that he or she intends to challenge that conviction.
Filing an appeal notice is only the first stage of the process and is not to be confused with filing the legal paperwork and arguments that are the basis of the appeal.
Unfortunately, a number of criminal defense attorneys may not approach the appeal correctly and this could cost the person convicted of the crime their freedom because the consequences can be significant. There are very short timelines for filing a notice of appeal in New York and failing to file it appropriately could lead to instant dismissal.
An attorney who represented the defendant at the trial has to file a notice of appeal if this is requested by the client. There are four critical aspects of filing an appropriate notice of appeal in a New York criminal defense case.
First of all, the notice has to be appropriately drafted, two copies must be provided and filed with the criminal court clerk directly, one copy of the notice needs to be served to the prosecutor, and the notice of the appeal has to be filed with the appropriate clerk and served on the prosecutors no later than 30 days after the sentencing date.
Sitting down with an experienced criminal defense attorney can be a good way to evaluate whether or not your case meets the grounds for appeal and to figure out the legal arguments that may be raised over the course of the appeals process.