If you were found guilty at your New York criminal trial, you may be wondering if there are any more options available to you. Unfortunately, you can’t just appeal your case because you don’t agree with the verdict. There needs to be some kind of error or misapplication of justice that occurred during your trial that requires a new court to hear your case.
Here’s what to know and when to get in touch with a qualified criminal defense attorney in New York after being charged or convicted with a crime.
When Cases Can Be Appealed
A defendant can request an appeal if there was a violation of due process that occurred or if they believe their legal counsel was ineffective. Appeals may also be valid in cases where juries were tainted or they were improperly instructed before being sent into the deliberation room.
When Can New Evidence Be Included?
Unfortunately, an appeal doesn’t allow defendants to enter new evidence for consideration. This is because the only thing being assessed during an appeal is whether or not to uphold the initial court’s decision. It’s not a new trial where new case facts can be presented – instead, the court is looking at how the law was applied and if there were any issues that caused the hearing to be unfair.
Can I File Multiple Appeals?
Most defendants only get one chance to file an appeal. Whatever the appellate court decides is usually final. But in some cases, it’s possible to file a request for the Supreme Court to review the appellate court’s decision if there is a clear indication of another mistake or improper application of the law. This requires the assistance of an experienced defense attorney who can challenge the court and the fairness of your trial.
Get Help From A Qualified New York Criminal Defense Attorney
Being found guilty of a crime in a court of law is a frightening and life-altering experience. But the fight might not be over yet and you might be able to file an appeal to challenge the validity of your trial. Call New York criminal defense lawyer Scott Cerbin today for a free initial consultation to begin discussing your strategy by dialing 718-596-1829. Our legal team is standing by to assist you after an arrest or a guilty verdict.
