Filing an Appeal
ou 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.
