Appeals of Criminal Convictions
If you have been convicted and need assistance in determining if you have a viable basis to file an appeal, we can help. We examine everything from the pre-trial motions through the closing arguments. We also examine whether an appeal is the correct type of proceeding to pursue. Sometimes, instead of an appeal, it is more appropriate to file a Motion for Reconsideration, a Post-Conviction Relief Petition (PCR), or a Habeas Corpus Petition.
Remember, you cannot file an appeal just because you were found guilty. There must be a legal basis for appealing the trial decision. Evidence must be presented that demonstrates a legal error or mistake occurred during your trial.
Grounds for filing an appeal can include:
• A motion to suppress evidence was improperly denied and the prosecutor used the evidence to convict you
• A motion to suppress your statement to the police was improperly denied and the statement was used against you by the prosecutor
• A motion to dismiss the indictment or certain charges was denied when it should have been granted, requiring you to either plea or go to trial to defend yourself
• Unqualified experts testified for the State; or, a qualified defense expert was prevented from testifying on your behalf
• Prior to the trial, evidence disappeared; or, was tampered with prior to trial and therefore tainted, and the Court allowed it to be used against you
• New evidence appeared and was not disclosed by the prosecutor prior to trial; or, it was admitted at trial over the objection of the defense
• The trial court’s jury charge was wrong and the error is too significant to be viewed as a harmless error by the Appellate Court
• The sentence imposed by the Court was illegal; or, imposed sentencing conditions beyond those authorized by statute
• Improper comments were made by the prosecutor to the jury during the trial, or in the summation, which caused the jury to become unfairly biased towards you
Call us today, 732-377-2005.