cerbindefense

Some Notable Criminal Defense
Case Results:

Dismissal

People v. Whittle

- gun possession case (2 guns) motion to dismiss granted, Brooklyn Supreme Court, 2024
Learn More..

Mistrial

People v. Cruz

- jury hangs after 8 days of deliberating on the charge of murder 2. Brooklyn Supreme Court, 2023
Learn More..

Not Guilty

People v. S. K.

- Brooklyn falsifying business records and criminal possession of stolen property trial. The defendant, a nurse at Brooklyn Hospital was...
Learn More..

High-Quality Service For High-Stakes Situations

A criminal charge could have a devastating effect on every aspect of your future. Your liberty, finances, career, relationships and reputation all hang in the balance. It is essential that you retain an experienced criminal defense lawyer who will carefully defend your rights and help you obtain the best outcome possible, regardless of the complexity of your case.

To schedule your free initial consultation at my Brooklyn Heights criminal law firm, please mail @ cerbinlaw.com or call
cerbindefense718-596-1829.

Can I Appeal My New York Criminal Case Just Because I Was Found Guilty?

12736690 m

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.

By : 5dattorney | May 6, 2023 | Criminal Defense

Contact Scott Cerbin Criminal Defense

Please fill in the form below to get in touch with me:

I am criminal defense attorney Scott G. Cerbin and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. I am happy to offer you a free initial consultation anywhere within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

To schedule your initial consultation or to learn more about my firm, call cerbindefense718-596-1829 or complete the contact form and I will follow up with you as it is received.

map

Put Your Details Here: