Appeals are a complicated area of law that require both insight into trial practice and a nuanced reading of case law. We handle civil and criminal appeals and post-conviction challenges on a selective basis.
As a client, the decision to appeal a case is based on many factors. For some, it can involve the desire to correct a feeling of being wronged by the system or unfairly sentenced. For others, it can involve being dragged into an appeal to protect a seemingly hard-won trial court result. In the criminal justice system, convicted defendants have a number of options to challenge their conviction beyond just direct appeals, such as federal writs (habeas corpus, coram nobis) and New York CPL 440 motions to challenge a conviction based on what might have happened outside the trial record. However, appeals and post-conviction challenges are subject to strict procedural guidelines.
We generally approach appellate and post-conviction matters with a tiered methodology that eschews simply telling clients that an appeal is worthwhile after a cursory discussion. Our approach instead allows clients to minimize costs by breaking the case into stages whereby the client can evaluate the worthwhileness of continuing their appeal at each stage. First, we begin with a free initial consultation to familiarize ourselves with the case and its possible issues. Next, after thorough legal research and review of the trial court record, we produce a crucial answer for the client: whether an appeal can be taken and to what extent one might be successful. Should the client then decide to pursue the appeal, we devote all resources to producing the appellate court documents and arguing the appeal in court, if necessary. Finally, should the case require a further, separate evidentiary hearing to address issues raised in the appeal, we devote all resources to preparing for and conducting the hearing.
Appellate Practice Areas
Family Court Appeals
Article 78 Proceedings
Counsel in successful Article 78 proceeding effecting return of children removed during Family Court abuse and neglect proceeding
Counsel for CPL 440 motion challenging sex offense conviction based on ineffective assistance of trial counsel
Counsel in federal habeas corpus action seeking to overturn multiple felony assault convictions