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Glenn W. Magnell Attorney at Law 162 Main Street, Goshen N.Y. 10924 845-294-0585 Email: gmagnell@stormkinglaw.com
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Hudson Valley Counties Served: (Select County) |
Criminal Appeals Anyone convicted at trial of a misdemeanor or felony criminal offense has an automatic right to appeal their conviction. This right to appeal applies to convictions in either a New York State court or a Federal Court. Successful appeals of criminal convictions can be based upon a number of different issues, including an improper jury selection, improper denials of pretrial motions, improper denials of trial motions, improper or incomplete jury instructions issued by the trial judge and/or improper behavior of a juror or jurors. Appeals can also be based upon a defendant having had inadequate legal representation. Notice of an intent to appeal a conviction at trial usually must be filed in a very short period of time after a conviction and sentence have taken place. With few exceptions appeals of a conviction are based "on the record", meaning that the appellate court only considers issues that were part of the pre-trial and trial record. Appeals of convictions based upon a "plea agreement" are typically not accepted by an appeals court if the plea agreement included a waiver of the defendant's right to appeal. Most plea agreements include such waivers. Appeals of criminal convictions are difficult to win and require an attorney with both an extensive knowledge of criminal law, criminal procedure and the commitment needed to fully research all of the potential issues that may be involved. Successful appeals typically result in a new trial being granted. Whether or a not a new trial takes place or a defendant is released, following a successful appeal, is up to the District Attorney's office (or U.S. Attorney's office) that originally prosecuted the case.
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