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Albany Criminal Appeals Attorney

If you have already gone through the criminal court process, you understand that every aspect of a criminal case is tiresome and can cause great anxiety to you. If your case has already been decided in the state’s favor, you still have another option at pursuing the appeals process and fighting your way through the appellate court. However, it can be difficult to know whether you should pursue an appeal or just accept your charges. An experienced Albany criminal appeals attorney can best advise you on the best path to take.

About Criminal Appeals in Albany, New York

Criminal appeals in New York take place either in the County Court in counties outside New York City or in the Supreme Court Criminal Term within New York City. Wherever the conviction occurs, it is appealed first to the intermediate courts of New York, which are divided into Appellate Divisions. If you appeal your criminal case from Albany, New York, you will be in the Third Judicial Department of the Appellate Divisions. While felony criminal appeals carry much more weight than misdemeanor appeals may, it is important not to overlook the benefits of misdemeanor appeals. A misdemeanor conviction can harm your criminal record and future just as much as a felony conviction can, and it is important to look at both types of offenses in the same light.

Criminal Appeals Process

The criminal appeals process involves a wide array of legal strategies such as:

  • Writs of habeas corpus
  • 440 motions
  • Felony appeals
  • Misdemeanor appeals

Appeals actions are quite different from typical criminal court cases in that they require a thorough understanding of the criminal process and everything that went on at the initial hearing. Appeals largely rely on the record of the court proceedings, and it is therefore extremely important to carefully review all aspects of the case. Appeals actions also must follow strict timelines, which makes it that much more important to hire an attorney experienced in handling criminal appeals.

A 440 motion is an appellate action unique and set apart from the traditional appeals process because it involves facts not contained in the trial record, which can be used to expand the record as a basis for appeals. 440 motions are often used to vacate the conviction for one of the following reasons:

  • Trial court lacked jurisdiction
  • Judge or prosecutor used fraud, false statements, or undue pressure to secure a conviction
  • Prosecutor introduced evidence they knew to be false
  • Evidence used in trial was in violation of your U.S. or New York constitutional rights
  • You could not participate in trial due to a mental disability
  • Record failed to include improper conduct at trial such as failure to provide exculpatory material
  • New evidence has been found that would lead to a different result
  • You were convicted in violation of your U.S. or New York constitutional rights

Additionally, another form of 440 motion can be used if the sentence was unauthorized, illegally imposed, or invalid as a matter of law.

Hug Law, PLLC | Albany, New York Criminal Appeals Attorney

If you are considering a criminal appeal to the Third Judicial Department, do not hesitate to contact Matthew Hug of Hug Law. Matthew Hug develops an appeals strategy unique to each case and has nearly 10 years of experience in fighting for his client’s rights. Not every criminal defense attorney understands the appellate process. Therefore, you must seek out the expertise of an Albany attorney who has handled multiple appeals. Matthew Hug has incorporated the appeals process into his practice and is able to assist clients throughout the appeals process, from researching the initial findings of fact, to determine which appellate issues were preserved. Contact Matthew Hug today for a free consultation.