Many decisions made by the court during a criminal trial could have an enormous impact on your case. Unfortunately, the judges that oversee these cases are human beings who are prone to make mistakes. These mistakes can result in improper evidence being introduced into the record, restrictions on your right to an impartial jury, or even an unfair trial.
A Syracuse appeals lawyer from Tully Rinckey PLLC may be able to help by working to analyze the decisions made by judges during your case to determine if an error was made. Your dedicated criminal attorney could then file the appropriate paperwork to request an appeal and make arguments in appeals courts on your behalf.
You have the right to appeal decisions made by the judge during your case. These appeals must argue that the judge made a mistake under the law and that this mistake adversely affected your chances of a positive outcome. Furthermore, there is a strict time limit within which you must file an appeal, and the procedure to do so is likewise very strict.
Time Limits for Filing an Appeal
Not every decision that goes against a defendant is grounds for an appeal. You cannot appeal because you do not agree with how a jury ruled on a case or with how the case was decided. Instead, an appeal must be based on a decision made by a judge. In legal terms, this is known as a mistake of law.
Common grounds for an appeal include:
A ruling concerning whether evidence may be heard at trial
Decisions concerning the admissibility of a witness as an expert
Questions about the suitability of jurors
Any decision to file an appeal must be made no more than thirty days after the judge makes a ruling. Importantly, this may create situations where you must file an appeal of a decision before your principle case comes to a close. For this reason, it may be essential that you consult with a Syracuse appeals lawyer immediately, as time is often of the essence. If the thirty-day limit passes, your right to appeal may be lost.
The Appeal Process in Syracuse
All criminal appeals in Syracuse are heard by a New York appeals court. However, as an appellant you must first file your notice of appeal form with the court that issued the ruling. This serves as a notice that you plan to file a full appeal with the proper appeals court.
Along with filing this notice, you must serve notice to the prosecutor’s office as well. Once this is done, you have sixty days from the date of service to perfect your appeal with the appeals court. Your submitted materials must include transcripts of the court proceedings and a brief outlining the legal arguments.
Only once this is done can an appeal move forward. A skilled appeals lawyer in Syracuse could help you understand the legal requirements for an appeal, gather the necessary information, and file the appeal with the correct courts.
I was most fortunate to be able to hire Derrick Hogan on two separate occasions to fight tickets for us. I cannot even begin to tell you what kind of a professional we were dealing with. His character matched his ability as an attorney. Having to hire an attorney for an out of town situation was a very difficult decision to make. I feel so blessed with dealing with this esquire. Mr. Hogan handled us like a symphony. He was extremely kind, brilliant, confident, sincere, and worked very hard on our behalf. He takes great pride in his work and it certainly shows. I have never in my entire life worked with anyone this professional or more highly qualified. If you decide to hire Derrick Hogan, you will have made the decision to hire the best attorney possible. Sometimes driving a Lexus is a smoother ride than driving a Dodge. You would be getting a Lexus with this lawyer. I give him five stars; he is a superstar himself. What a pleasure for me to recommend Derrick Hogan. Derrick is the absolute BEST of the BEST.
K.F.
Tully Rinckey PLLC's professionalism put me right at ease. They had all charges against me dropped! I truly felt they earned my whole retainer and they even sent me back what was not used. I did not feel overcharged by Tully Rinckey PLLC at all. Their hard work kept me from getting a criminal record that would have affected me for the rest of my life. For this I am grateful. I have never been in trouble in my entire life. Getting arrested, being put in jail and losing my job, changed me to the core. Because of all the hard work done by them, I have a new life to live. For that, I cannot ever thank them enough!
E.K.
Derrick Hogan at Tully Rinckey handled my case and I feel fortunate that he was my lawyer. I called to talk with someone about my case and by chance was connected with Mr. Hogan. He listened, asked good questions, and gave me all the information I could have asked for. He explained every step, what would or could happen in very clear and easy to understand terms. I was sent a retainer and explained the case would be covered by a flat fee, and that anything that came up in the future relating to the case would be fully covered by that fee. Although my case was probably one of the simpler, easier cases they handle, Mr. Hogan always made me feel that my case was important to him. He always urged me to call him if I had questions or wanted him to go over anything again. He even called me to follow up before I had to call him – something I find is rare with almost any professionals these days. He treated me with utmost courtesy and respect, was knowledgeable, and reassuring.
C.P.
I contacted Tully Rinckey PLLC for representation and upon doing so, obtained Derrick Hogan as my attorney. Derrick was extremely comforting through the entire process and I was treated with dignity and respect right from the beginning. Derrick was very supportive and shared information with me every step of the way. I personally feel that Tully Rinckey hit a home run with putting Derrick Hogan on its team. Selecting Tully Rinckey was the right choice for me and I highly recommend both Derrick and the firm for anyone seeking professional representation.
K.L.
Derrick was a true professional and treated me and my case with dedication and respect. Everything he promised, he delivered. My case was handled with 100% satisfaction.
When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States, we make sure you receive legal counsel and representation you can trust.
Commitment to Our Clients
Our team-oriented philosophy encourages open and ongoing communication with every attorney, paralegal, and other support staff working with each client ensures we understand their goals. Our commitment to you means meeting your objectives, working attentively and persistently toward your success, and efficiently adjusting to your changing needs.
Commitment to Quality
At Tully Rinckey PLLC, our commitment to quality never ends. We listen to your legal concerns, counsel you on your legal issues and represent you in legal proceedings. Our already knowledgeable attorneys are continually learning more, developing their resources and honing their skills. We make ourselves accessible to you at every turn, committing to be your long-term legal partner.
Our Process
Our client-centered process is all about communication. During consultations, we teach clients about legal challenges they face and explain options available from their current position. Our attorneys explain how we resolve legal issues for the best possible outcome. We define what the expectations are, create manageable deadlines, and discover evidence to support claims.
Our Personal Process
Contact us
Contact us to discuss your needs with a client representative and schedule a consultation with an attorney.
PREPARE FOR CONSULTATION
Your time with your attorney is important. Please use this guide to get the most out of your initial consultation.
Meet your attorney
We discuss your specific legal goals and gain important information from you to help us understand your unique situation.
