Sentencing
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 statute of conviction means it is extremely important that your attorney knows the law and how best to present your case to the sentencing judge. In addition, your attorney must make all possible arguments on your behalf so that they are “preserved” for appellate review if necessary.
In addition to representing his own clients, Mr. Mintz is often turned to by other defense lawyers for assistance at sentencing when their clients have been convicted or pled guilty.
Post-conviction and collateral proceedings
Applying for a writ of habeas corpus or other post-conviction relief involves petitioning a federal court to review the legality of your conviction or custody.
If you are in state custody, 28 U.S.C. § 2254 allows a federal court to grant relief if the state court (1) acted in a way that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) decided your case based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. If you are in federal custody, 28 U.S.C. § 2255 allows you to argue that your conviction or sentence was imposed in violation of the Constitution or laws of the United States. In limited cases, a person can also seek the writ through 28 U.S.C. § 2241 or 28 U.S.C. § 1651.
The statute of limitations for filing such an application begins to run on the date your conviction becomes “final,” which is determined in different ways depending on the facts and history of your case. However, once that time-period expires there are very few circumstances in which you can ask a court to accept your petition. In addition, the failure to raise claims in your petition can bar you from attempting to raise them in a later petition.
It is important that you are represented by a lawyer who knows all of the applicable laws and rules involved in post-conviction proceedings. Mr. Mintz has years of experience in these matters and has litigated them in the trial and appellate courts.
Appellate Litigation
Whether 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. But appellate practice is a highly unique area 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 handling appeals from criminal cases for almost twenty years. He served 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–for almost ten years. 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
In addition Mr. Mintz also handles appeals in civil cases involving various issues.