Long Island Appellate Lawyer

You typically have 30 days from the date of judgment or sentencing to file a notice of appeal in New York. This deadline is strict and cannot be extended except in very limited circumstances. Criminal appeals must be filed within 30 days of sentencing, while civil appeals have 30 days from when judgment is entered. Missing this deadline means you lose your right to appeal forever, which is why it’s critical to contact an appellate attorney immediately after an unfavorable court decision. Even if you’re not sure whether you want to appeal, filing the notice preserves your rights while you decide.

Trial lawyers focus on presenting evidence, examining witnesses, and arguing facts to juries or judges. Appellate attorneys analyze legal procedures and argue whether trial courts made errors in applying the law. Appeals don’t involve new evidence or witness testimony – they’re based entirely on what happened during the original trial. Appellate work requires different skills like legal research, brief writing, and understanding complex appellate court rules. Many excellent trial attorneys rarely handle appeals because it’s such a specialized area of practice. That’s why it’s important to work with an attorney who regularly handles appellate cases and understands how appellate courts think.

Appeal success rates vary significantly depending on the type of case and grounds for appeal. Criminal appeals succeed in roughly 10-15% of cases, while civil appeals have slightly higher success rates. However, these statistics don’t tell the whole story because many appeals are filed without strong legal grounds. When there are legitimate legal errors or constitutional violations, success rates are much higher. The key is having an experienced appellate attorney evaluate whether your case has viable grounds for appeal before filing. We’ll give you an honest assessment of your chances and only recommend proceeding if we believe there are legitimate legal issues that could result in a favorable outcome.

Appellate attorney fees vary based on case complexity, court level, and time required for research and brief writing. Most appellate attorneys charge either flat fees for specific services or hourly rates for the entire appeal process. Flat fees for appellate briefs typically range from $5,000 to $15,000, while hourly rates usually fall between $300-500 per hour. Appeals generally cost less than full trials because there’s no witness preparation, depositions, or lengthy court proceedings. We provide clear fee estimates upfront so you know what to expect. Remember that appeals can result in significant savings if successful – overturning a large civil judgment or criminal conviction is often worth the investment in skilled appellate representation.

Generally, pleading guilty or settling a civil case waives your right to appeal most issues. However, there are important exceptions. In criminal cases, you may still be able to appeal your sentence even after pleading guilty, or challenge the plea itself if it wasn’t made knowingly and voluntarily. Constitutional violations, ineffective assistance of counsel, or jurisdictional issues can sometimes be appealed even after guilty pleas. In civil cases, you might be able to appeal if the settlement was procured through fraud or if there were procedural errors in how the settlement was approved. Each situation is unique, so it’s worth having an appellate attorney review your case even if you think you waived your appeal rights.

New York appeals typically take 12-18 months from filing to decision, though complex cases can take longer. The timeline depends on which appellate court hears your case, how backlogged their docket is, and whether oral arguments are required. After filing your notice of appeal, you’ll have several months to prepare and file your appellate brief. The opposing party then has time to file their response brief, and you may file a reply brief. Once all briefs are submitted, the court schedules the case for review. Some cases are decided based on briefs alone, while others require oral arguments. While appeals take time, they can provide significant benefits including staying enforcement of judgments or sentences pending the appeal outcome.