How the Appellate Process Works

October 31, 2012 | Blog

The process of appeal is a complex and difficult matter for which an experienced and diligent Fairfield County appeals attorney is best suited. An individual who has been convicted at trial in this state automatically has a right to appeal, provided he acknowledged a desire to do so.

The Appeal

The appellate process is comprised of three tiers, but only the first is automatic. In order for a verdict to be heard, however, the defendant and his Fairfield County appeals attorney must file a notice of appeal with the court clerk within 30 days of the sentencing date.

Appeals are brought on one of two grounds: issue of fact and issue of law:

  • Issue of Fact: An issue drawn from the facts of the case. Appeals are rarely brought/won on these grounds
  • Issue of Law: A matter of law, such as violation of the rules of evidence by the original judge

The Verdict

Once the appeal has been heard, it may either be granted or rejected. A win on appeal rarely results in a dismissal of the original case and charges. This normally will occur only if it is found that the case was founded on insufficient evidence. Rather, the defendant will be granted a new trial.

If the defendant loses, he and his Fairfield County appeals attorney may then appeal to the New York Court of Appeals. An appeal on this level, however, is not automatically granted. A loss at this level may in rare cases be appealed to the U.S. Supreme Court, but generally the highest court only hears cases that pertain to constitutional matters.


If you wish to appeal a conviction, it is vital that you have a strong Fairfield County appeals attorney in your corner. Time is of the essence, so call the Law Offices of Mitchell Baker for a consultation right away at 914-681-9500.