Criminal Appeals
After all is said and done in court, and a sentence is imposed, either after a plea or after a conviction at trial, the client may want to appeal to a higher court on the ground that the trial court made a mistake. It may be that the court erred in letting in evidence it should have kept out, keeping out evidence it should have let in, erroneously instructing a jury, or many other potential errors.
In pursuing an appeal, the potential error is identified, and the law researched on the issue. The attorney then drafts a written brief setting forth the error, and the law regarding the error. The state or government attorney drafts their own brief explaining why there was no error, or if error occurred, why it was not harmful to the client. Sometimes, oral argument is required before a panel of three judges. If a conviction or sentence is reversed, the case comes back to the trial court as if nothing had not occurred before.
The attorneys at Hollander and Hanuka regularly handle appeals. We review trial court proceedings, research issues, and draft briefs for both state and federal appeals. If you believe that you may have issues for appeal, please feel free to contact us, but be aware that you have only 10 days from the date of sentencing to appeal a federal court conviction, and 30 days from the date of sentencing to appeal a state court conviction.