How many times can you appeal a case in court?
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How Many Times Can You Appeal a Criminal Case? Insights from Spodek Law Group
Introduction
If you or a loved one has been convicted of a crime, you may be wondering – is this the end of the road? Or do I have options to fight the conviction and clear my name? The appeals process in the criminal justice system can be complex and daunting. But with the help of our skilled appeals attorneys at Spodek Law Group, you can navigate this process and pursue every available option to overturn an unjust conviction.In this article, we’ll break down how the criminal appeals process works, how many times you can typically file an appeal, and what you need to know to maximize your chances of success. We have over 50 years of combined experience handling criminal appeals in state and federal courts across the country. If you need to appeal a criminal conviction, contact the trusted appeals lawyers at Spodek Law Group today at 212-300-5196 for a free and confidential consultation.
Understanding the Criminal Appeals Process
First, let’s clarify what an appeal is and is not. An appeal is not a retrial or a new trial. You do not get to start from scratch and present your case again to a new judge or jury. Instead, an appeal is a request for a higher court to review the trial court proceedings for legal errors.The key to a successful appeal is identifying a prejudicial error that occurred at trial – meaning an error that likely affected the outcome. Some common grounds for criminal appeals include:
- Improper admission or exclusion of evidence
- Insufficient evidence to support the conviction
- Ineffective assistance of counsel
- Juror misconduct
- Prosecutorial misconduct
- Sentencing errors
If the appeals court finds that a prejudicial error occurred, it can reverse the conviction, order a new trial, or take other corrective action. However, the appeals court will not disturb the conviction if it finds the errors were harmless.It’s important to act quickly if you want to appeal. In most jurisdictions, you only have 30-90 days after the final judgment to file a notice of appeal. Miss the deadline, and you could lose your right to appeal forever. That’s why it‘s critical to involve an experienced appeals attorney like those at Spodek Law Group as early in the process as possible.
Your Direct Appeal: The First Step
After a criminal conviction in state or federal court, you have the right to file a “direct appeal.” This is an appeal to the next highest court in the jurisdiction. For example:
- If you were convicted in New York state court, you would appeal to the Supreme Court, Appellate Division.
- If you were convicted in federal district court, you would appeal to the circuit court of appeals for that district.
In most cases, you are entitled to one direct appeal as a matter of right. This means the appeals court must consider the issues you raise, as long as you file the appeal properly and on time.However, you are not guaranteed oral argument on a direct appeal. The court may decide your appeal based solely on the written briefs submitted by your attorney and the government. In some cases, the court may grant oral argument if it believes it would be helpful to deciding the issues.On direct appeal, you are limited to raising issues that are already in the trial record. You generally cannot introduce new evidence or call new witnesses at this stage. Your attorney will carefully review the record to identify the strongest issues for appeal.
Discretionary Appeals After the Direct Appeal
If you lose your direct appeal, that may not be the end of the road. You can typically file a petition for discretionary review with the highest court in the jurisdiction. For example:
- If you lost your direct appeal in the New York Supreme Court, Appellate Division, you could petition the New York Court of Appeals (the highest court in New York) for review.
- If you lost your direct appeal in federal circuit court, you could petition the United States Supreme Court for a writ of certiorari.
However, unlike with direct appeals, higher courts have discretion over whether to take up discretionary appeals. The highest courts typically only grant review in a small percentage of cases, usually those that raise important legal issues or where there is a split of authority among lower courts.If the highest court denies your petition, that is usually the end of your direct appeal options. But you may still have other avenues for post-conviction relief, as we’ll discuss below.
Habeas Corpus Petitions: A Last Resort
Even if you have exhausted your direct appeals, you may be able to challenge your conviction through a petition for a writ of habeas corpus. A habeas petition argues that your conviction or sentence is unconstitutional and asks a higher court to vacate or correct it.In most cases, you must file a habeas petition within 1-2 years after your direct appeal becomes final. You can typically file one habeas petition as a matter of right. After that, you must get permission from the court to file a second or successive petition, and you must show extraordinary circumstances.Some common grounds for habeas relief include:
- Ineffective assistance of counsel
- Prosecutorial misconduct
- Newly discovered evidence of actual innocence
- Unconstitutional jury instructions
- Violation of your right to a speedy trial
Habeas petitions are complex and subject to many procedural rules. It‘s essential to have an experienced post-conviction attorney like those at Spodek Law Group handle your habeas petition to ensure it is properly filed and argued.