Filing an Appeal

You have the right to appeal decisions made by the judge during your case. These appeals must argue that the judge made a mistake under the law and that this mistake adversely affected your chances of a positive outcome. Furthermore, there is a strict time limit within which you must file an appeal, and the procedure to do so is likewise very strict.

Time Limits for Filing an Appeal

Not every decision that goes against a defendant is grounds for an appeal. You cannot appeal because you do not agree with how a jury ruled on a case or with how the case was decided. Instead, an appeal must be based on a decision made by a judge. In legal terms, this is known as a mistake of law.

Common grounds for an appeal include:

  • A ruling concerning whether evidence may be heard at trial
  • Decisions concerning the admissibility of a witness as an expert
  • Questions about the suitability of jurors

Any decision to file an appeal must be made no more than thirty days after the judge makes a ruling. Importantly, this may create situations where you must file an appeal of a decision before your principle case comes to a close. For this reason, it may be essential that you consult with a Syracuse appeals lawyer immediately, as time is often of the essence. If the thirty-day limit passes, your right to appeal may be lost.

The Appeal Process in Syracuse

All criminal appeals in Syracuse are heard by a New York appeals court. However, as an appellant you must first file your notice of appeal form with the court that issued the ruling. This serves as a notice that you plan to file a full appeal with the proper appeals court.

Along with filing this notice, you must serve notice to the prosecutor’s office as well. Once this is done, you have sixty days from the date of service to perfect your appeal with the appeals court. Your submitted materials must include transcripts of the court proceedings and a brief outlining the legal arguments.

Only once this is done can an appeal move forward. A skilled appeals lawyer in Syracuse could help you understand the legal requirements for an appeal, gather the necessary information, and file the appeal with the correct courts.

What Our Clients Are Saying:

Featured Attorney

WHY CHOOSE US TO REPRESENT YOU

When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States, we make sure you receive legal counsel and representation you can trust.

Commitment to Our Clients


Our team-oriented philosophy encourages open and ongoing communication with every attorney, paralegal, and other support staff working with each client ensures we understand their goals. Our commitment to you means meeting your objectives, working attentively and persistently toward your success, and efficiently adjusting to your changing needs.

Commitment to Quality


At Tully Rinckey PLLC, our commitment to quality never ends. We listen to your legal concerns, counsel you on your legal issues and represent you in legal proceedings. Our already knowledgeable attorneys are continually learning more, developing their resources and honing their skills. We make ourselves accessible to you at every turn, committing to be your long-term legal partner.

Our Experience


Our highly knowledgeable law team comes to the table with attorneys who have 20 to 30 years of experience representing hundreds of clients. With hundreds of years of combined experience in appellate, international and U.S. business and corporate commercial law, litigation, criminal law, immigration, bankruptcy, employment law, estate planning, our team has what it takes to ensure your success.

Our Personal Process

Contact us


Contact us to discuss your needs with a client representative and schedule a consultation with an attorney.

PREPARE FOR CONSULTATION


Your time with your attorney is important. Please use this guide to get the most out of your initial consultation.

Meet your attorney


We discuss your specific legal goals and gain important information from you to help us understand your unique situation.

Contact us today to schedule your consultation.

Get Started