Sentencing

Sentencing matters

Being convicted of a crime is not the end of your case.  In some respects, it is only the beginning.  In federal cases, the interplay between the United States Sentencing Guidelines and the range of sentences authorized by the crime of conviction make it extremely important that you are represented by an attorney who knows the law and how best to present your case to the court to try and secure you the shortest possible sentence.  In addition, your attorney must make all possible arguments on your behalf so that they are “preserved” for appellate review.

Mr. Mintz is an experienced criminal defense lawyer who and knows the issues involved as well as what facts and circumstances are relevant to a court in determining what sentence should be imposed.  In addition to representing his own clients, he is often turned to by other defense lawyers for assistance when their clients have been convicted or pled guilty.  By constantly researching the ever-changing law in this field, Mr. Mintz is able to explain to a sentencing judge all the possible options for imposing sentence and why each of those options is appropriate in your particular case.

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Appeals

Direct appeal

Whether you have been convicted after trial or pursuant to a guilty plea, you have the right to appeal that sentence.  The appellate court does not examine whether you are guilty or innocent, but rather it focuses on whether there were legal errors in your case which affected your decision to plead guilty, a jury’s decision to find you guilty, or the sentence imposed by the court.  Therefore, you want to be represented on appeal by an appeals lawyer who knows the law and can persuasively present your case to the appellate court.

Many attorneys practice with the mistaken belief that appellate advocacy is merely an extension of practice before a trial court.  Mr. Mintz understands that appellate practice is a highly specialized area of practice with its own distinctive rules, philosophies, and standards of advocacy.  He understands that appellate issues require a specialized approach developed after a thorough examination of the law, the facts of the particular case, and the philosophies of the court considering the appeal.

Mr. Mintz has been preparing appeals in state and federal courts for almost 10 years and, as a result, was selected to join the Criminal Justice Act Panel in the United States Court of Appeals for the Second Circuit.  He has also handled cases in the New York State appellate courts, other federal appellate courts, and has sought review in several matters by the Supreme Court of the United States.

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