Direct appeal

Direct appeal

appeals-gfxWhether you have been convicted after trial or pursuant to a guilty plea, you have the right to appeal that judgment and/or sentence. An 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 a defense lawyer who knows the law and can persuasively present your case to the appellate court.

Many criminal defense lawyers mistakenly believe that appellate advocacy is merely an extension of practice before a trial court.  However, appellate practice is a highly unique area of practice with its own distinctive rules, philosophies, and standards of advocacy.  Preparing a criminal appeal requires 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 from criminal cases for over a decade. He was selected to be on the Criminal Justice Act Panel in the United States Court of Appeals for the Second Circuit, which provides court-appointed counsel to indigent defendants who have filed appeals from federal criminal cases.

He has also represented clients 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