A trial conviction is not the end of the road in a criminal case.  Guilty verdicts can be challenged – and overturned or reversed – on appeal.  The appellate process is an essential part of the American criminal justice system because trials are fast-paced, complex proceedings where the opportunity for error abounds.  Trial judges must make split-second rulings – which may turn out to be incorrect, especially in retrospect – and prosecutors may commit errors that unfairly prejudice the defendant.  

LITIGATING ERRORS ON APPEAL

The appellate court is the place to litigate errors that may have occurred during trial.  It is also the place to litigate pretrial errors that may have violated the defendant’s rights – such as, for example, the prosecution’s failure to timely produce exculpatory evidence.  Improper sentences may also be challenged on appeal.  Our extensive trial and prosecutorial experience gives us unique insight into the errors prosecutors and judges most commonly make at trial, at sentencing, and during all other stages of the criminal justice process.

THE APPEALS PROCESS

The appeals process generally begins with the filing of a notice of appeal immediately after sentencing.  A defendant must act quickly to preserve his or her appellate rights.  Failure to file a notice of appeal in a timely manner may prevent a defendant from pursuing an appeal.

An appeal is not a second trial, and the introduction of new evidence on appeal is generally prohibited.  Rather, appeals usually turn on the existence of legal errors that may have affected the defendant’s rights or the fairness of the trial.

A TRACK RECORD OF SUCCESS ON APPEAL

Success on appeal requires excellent analytical skills, strategic thinking, powerful written briefs, and forceful oral advocacy.  Our record on appeal is outstanding.  We have briefed, argued and won numerous criminal appeals, in both federal and state court. 

If you’ve been convicted of a crime at trial and want to discuss your appellate options, please contact us for a complimentary consultation.