Direct appeal

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.