New York City Criminal Attorneys Who Can Successfully Appeal Your Case
After a criminal case is completed, the defendant has the option to file what is called an appeal. An appeal is a legal process where a defendant accused of a crime can overturn a conviction. An appeal does not re-try the case from start to finish, but is instead it’s own case – against the trial. In order to file an appeal, there need to be evidence that supports a claim that the trial was unfair or unconstitutional. This can mean many different things. If the defendant’s constitutional rights were violated in any way, they may have the right to an appeal. If the defendant had ineffective counsel during their first trial, they may have the right to an appeal. If evidence was allowed in to the case, that should not have been allowed because it was obtained illegally or was unduly prejudicial, the defendant may have a right to an appeal. As you can see, it can be very complicated to determine whether or not your case has grounds for appeal in it. Only an experienced appeals attorney can help you determine whether you should proceed with filing an appeal.
Differences Between a Trial and an Appeal
In a trial, your attorney has to understand the elements of your crime and the rules of evidence for the jurisdiction. However, an appeal is a completely different type of case. There are multiple levels of appeals, and the way the trial is set up is entirely different. The appeal may be heard in front of only a judge, or a panel of judges. The appeal may be in the form of petitioning for certiorari from a high court and engaging in oral arguments. These cases are a completely separate area of law altogether from the basic criminal trial. Your attorney needs to know in-depth information about your grounds for appeal as well as be experienced in the appeals process itself.
Lengthy Appeals Process in Federal and New York Cases
Whether your appeal is within New York courts or the federal courts, it can be a long, drawn-out process. Sometimes a defendant has to engage in multiple appeals, or levels of appeals, before he or she is successful in overturning their conviction. If you wish to appeal your conviction, you need an attorney who will go the distance with you. The attorneys at Bukh and Associates are experienced in handling complex and long-lasting appeals claims for their clients. While these claims can be very difficult to prevail in, that doesn’t mean that you shouldn’t try. It is your life, your livelihood, and your future that is on the line. Bukh and Associates will help you throughout the entire process, trying their best to clear your name and make sure that your rights are protected.