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Three-Step Strategy For Criminal Cases: A Guide To Criminal Trials, Appeals And Post-Conviction Relief

SMC Law Firm believes that the right criminal defense attorney plans for more than just your trial. When you are facing criminal charges, your law firm should have a strategy for criminal appeals and post-conviction motions as well if needed. With your freedom at stake, this strategy can make all the difference in the outcome of your case.

Criminal Trials

When you are charged with a crime, the first thing you need to worry about is your criminal trial. New York prosecutors will begin gathering evidence against you, attempting to a grand jury that you are guilty of that crime beyond any reasonable doubt. Your criminal defense attorney has the goal of providing a strong defense to protect your rights, showing that you are not guilty of that crime or giving the jury reason to believe you have not committed it.

The first step your lawyer will take is prove your innocence during trial. However, it is also crucial to plan for the worst-case scenario: a conviction. If you are convicted and found guilty, the fight is not over. SMC Law Firm considers this possibility from day one, laying out the strategy for a criminal appeal to protect clients in the case they receive an unfair outcome.

Criminal Appeals

If a guilty verdict is reached, the defendant has 30 days to file an appeal. The purpose of a criminal appeal is to show that there were errors in the original trial that adversely affected the outcome of the case. These may include errors in the admission of evidence, jury misconduct, errors in legal procedure, a violation of the defendant’s rights, insufficient evidence to support the conviction and more.

SMC Law Firm thoroughly evaluates every case to determine the best path forward for an appeal, even preparing for an appeal during trial if errors are noticed. Should your attorney succeed in your appeal, your case will be sent back to trial or, in some cases, the verdict will be modified or reversed. If the appellate court upholds your conviction, however, there are still options available for you to seek relief.

Post-Conviction Relief

Once a trial has concluded, those who have been convicted have the opportunity to file a post-conviction motion to either receive a new trial or modify/overturn their sentence. Post-conviction relief is typically granted when new evidence is found, constitutional rights of the defendant were violated, or significant legal or factual errors in trial were uncovered in the case.

SMC Law Firm understands that the fight for your freedom does not end after a trial is concluded. A successful post-conviction motion can have life-changing implications. That is why every case fought includes a three-prong strategy to stand up for clients even after a guilty verdict is reached.

Trust A Law Firm With Proven Success

Attorney Samantha Chorny is a proven criminal defense attorney and former criminal prosecutor with an intricate understanding of New York criminal law. Her aggressive approach has resulted in full dismissals of many serious criminal charges, as well as exonerations of those who were found guilty of crimes in previous trials. When you are looking for a criminal defense lawyer in New York, trust a law firm with a three-step plan. Call SMC Law Firm today at 212-256-9441 or reach out online to schedule an appointment.