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.

Let a Syracuse Appeals Attorney Help

A criminal conviction does not mean that you are out of legal options. New York Penal Law allows for any criminal defendant to argue that the deciding judge made an error that adversely affected your case. However, this can only be done if you have questions as to the legality of a decision and not simply a disagreement with the jury’s verdict.

Our Syracuse appeals lawyers at Tully Rinckey PLLC have experience in looking at judges’ decisions concerning the rights of defendants and crafting legal briefs that explain cases before appeals courts. To get in touch with our legal team and get started on your case, call (315) 492-4700 or email info@tullylegal.com to schedule a consultation.

This can result in a new trial or even an order that requires the charges to be dropped entirely. There is a limited time of 30 days after a decision to start an appeal, so time is vital. Contact an attorney today to discuss your case.

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