What Relief Can A Client Seek On An Appeal?

What relief a client can seek on appeal depends on the facts and issues in his or her case. If a case went to trial and we can argue that the evidence was insufficient, we can ask for the charges to be dismissed or reduced to a lower level of crime. A few other issues can also support a request for dismissal of the charges. If a case went to trial and we can argue that the trial procedure was unfair -- for example, that the judge made an error in admitting evidence or charging the jury, or that the prosecutor made improper arguments -- we can ask for a new trial as to some or all of the counts.

If a client pled guilty, there may be severe limits to what issues we can raise, or what relief we can seek, on appeal. Many issues are automatically forfeited by taking a guilty plea. Also, most clients in Brooklyn, Queens, and Staten Island are required to waive their right to appeal when they plead guilty. If we can argue that the guilty plea was not knowing and voluntary, we can ask for plea withdrawal, but doing that usually creates a risk to the client. We do not raise any issue that would create a risk without thoroughly explaining it to our client and making certain that he or she wishes to take the risk.

We can ask the Appellate Division to reduce a client's sentence provided he or she did not receive the minimum permissible sentence and did not validly waive the right to appeal. Whenever there is an appeal waiver, we examine it carefully to se if there is a way to argue that it is invalid.

Other forms of relief may be available in some cases. We carefully consider what relief we can ask for in each case, and as to each issue we raise.