I am a criminal appeals lawyer and I am going to break down for you each step of the appeal of a criminal conviction. In this five-part series I have simplified each step for you- the reader, so that you’ll know the complete process of appealing a criminal conviction.
The first step is filing the Notice of Appeal for a criminal conviction, step two is researching and reading the law that relates to your case, step three is writing the appellate brief, step four is oral argument, and in some cases step five, conducting a collateral attack in a federal Court. In this five part series I’m going to unravel the riddle of the appealing a criminal conviction.
Step one, the first step in appealing a criminal conviction, whether it is a New York State criminal appeal or a Federal criminal appeal, is filing the Notice of Appeal. This is the simplest, and yet the most essential part of an appealing a criminal conviction. The Notice of Appeal is a one-page document that puts both the trial court and the appellate court on notice that one of the parties intends to appeal the decision or the verdict of the lower court. This notice is the simplest step, yet it is essential because the appellate court cannot take any action without it.
This one-page notice triggers the appellate court’s jurisdiction over the criminal case, and is an essential first step to appealing a criminal conviction. There are also important time limitations when appealing a criminal conviction, therefore you should consult with an attorney experienced at appealing criminal convictions, immediately when appealing a criminal case, so that your important appellate rights can be protected.
for more information go to http://www.newyorkappellatelawyer.com/