Visitors from all over the country and all over the world flock to Manhattan to enjoy the amazing array of museums, concert halls, dance performances, nightclubs, restaurants, theatres, historical sites, parks, galleries, shops and sports venues. Dazzled by Broadway, Central Park, Greenwich Village, Fifth Avenue, Madison Square Garden, residents and tourists alike marvel at The Empire State Building, the Statue of Liberty, the Metropolitan Museum of Art. The Cloisters and revel in the fabulous parades at St. Patrick’s Day, Thanksgiving Day, and Easter as well as the Christmas tree in Rockefeller Center and the exuberance of Times Square on New Year’s Eve. Many enjoy the Circle Line boat cruise that provides unique views of Manhattan from one river to the other.
In a location as populated as Manhattan, it is no surprise that, along with all the culture and shopping and hoopla, there is also a fair amount of crime, including white-collar crime. While it is distressing and frightening to be a victim of crime, it can be equally distressing and frightening to be accused of committing a crime. If you have been arrested for a crime, the experienced, knowledgeable attorneys at the Law Office of Mark J. Sacco are prepared to defend your rights and will always take the stance that you are innocent until proven guilty.
Although we work vigorously and diligently to obtain an acquittal, we are also prepared to deal competently with a conviction and, unlike many other criminal trial attorneys, are ready to appeal the verdict that threatens your freedom.
What Sets the Law Office of Mark J. Sacco Apart from the Crowd
Several things set us apart from other attorneys when it comes to filing an appeal. First of all, we are extremely well-versed in the rules of procedure and policy requirements in both New York State and federal appellate courts. Second, we have the outstanding research and investigative skills necessary to prepare appellate briefs. Third, in addition to being highly capable legal writers, we have well-honed abilities to develop and present oral arguments before appellate judges. Fourth, as you will see from the content on this page, we are dedicated to keeping our clients in the loop so they can feel trust in us and in the legal process. Our track record of successful appeals makes us the go-to legal team when you are poised to fight a criminal conviction in Manhattan or anywhere else in New York State.
Understanding the Appeals Process in Manhattan
As with other procedures, it helps to have a basic understanding of the steps of the appeals process so you can effectively participate in your own defense. In order to lodge a successful appeal, It is necessary to demonstrate that a serious or material error was made during the original trial — in other words, there must be substantive grounds to make the appeal. Common examples of such grounds include:
- The lower court made a serious error of law
- The evidence provided in court did not support the verdict
- The lower court failed to exercise sound legal judgment (abused its discretion)
Once we have established legal grounds for an appeal, we must go through the following:
Notice of Appeal
The notice of appeal is the actual document that notifies both the trial and appellate courts that we intend to appeal the verdict. Although extensions are occasionally permitted, there are generally strict time limits for filing an appeal, both in state and federal courts. Unless we work in a timely fashion, our notice of appeal may lead to an automatic turndown.
Designating the Record
One of our jobs as your criminal appeals attorney is “designating the record,” which begins by obtaining trial court transcripts. Our attorneys pore over the transcripts, examining them to pinpoint any errors the trial court may have committed, such as mistakes in submissions of evidence, constitutional errors, or incorrect rulings on a motion. Mistakes may also have been made in admissibility or inadmissibility of evidence or objections that were mistakenly sustained or overruled. We may also question the findings of the jury verdict. At this point,we file the document known as a “Notice Designating the Record on Appeal” with the appellate court. This document details the the specific points we have uncovered that form the basis of our appeal.
The excellent legal research and writing skills of our attorneys also stand us in good stead when it comes to writing the appellate brief, the centerpiece of our appeal. In order to serve its purpose, the appellate brief must be logistically constructed and well-detailed, presenting and clarifying the precise facts relevant to reconsidering the original verdict. The overall objective of the appellate brief is to convince the appellate judges to hear the appeal in oral arguments and to issue a ruling in our favor.
Once the appellate brief has been accepted by the appellate court, the judges will listen to our oral arguments as your criminal defense attorneys. The Law Office of Mark J. Sacco has a reputation for being extremely well-prepared, articulate, and persuasive during oral arguments, able to answer all questions raised by the appellate judges with agility and in-depth knowledge of the law.
The Appellate Court’s Decision
As always with the criminal justice system, the ultimate decision is not made by the accused or the attorney. In the case of appeals, the appellate court makes the final decision about whether or not to grant an appeal. If our appeal is granted, the decision of the lower court is either totally or partially reversed. In some cases, the trial court may rehear the case regarding specific issues brought to light during appeal. It is also possible that the appellate court, after hearing all the evidence during the appeals process, will decide to uphold the original verdict.
Mark J. Sacco: New York State Appellate Attorney
If you have been convicted of a crime in Manhattan, The Law Office of Mark J. Sacco is ready to handle all phases of your appeal. After investigating your case thoroughly, we will find, if at all possible, a legal flaw on which we can base a convincing argument for appeal. We will never take on a frivolous case based on a harmless error because we always want to be honest with you and we never want to waste your time in false hope. If we take on your case, you can be sure we think we can win on appeal because the lower court violated one of your substantial legal rights. Remember, it’s important to act quickly so that we meet the deadline for filing an appeal. You can arrange for an initial free consultation by getting in touch with us by phone or by filling out a contact form on our website.