Once convicted, every criminal defendant has the right to appeal. Glenn Garber, P.C. is skilled at digesting complicated and lengthy trial court records and presenting them in compelling narratives that identify issues most likely to resonate with appellate courts. In New York and New Jersey, the first appeal in a felony case is brought before an intermediate appellate court known as the Appellate Division (NY App. Div. and NJ App. Div.). If the appeal is unsuccessful, another appeal can be brought in the highest Court in the State. In New York, the highest Court is called the NYS Court of Appeals; in New Jersey it is called the NJ Supreme Court. Cases in the high state courts are accepted as a matter of discretion, not as of right.
Federal appeals proceed in a similar manner. Once convicted in federal court, every criminal defendant has the right to appeal in the Circuit Court. New York cases are heard in the Court of Appeals for the Second Circuit and New Jersey cases are heard in the Court of Appeals for the Third Circuit. If the appeal is not successful in the Circuit Court, a criminal defendant can request that the United States Supreme Court hear the case. This request is called a petition for a writ of certiorari. Like a high state court, the U.S. Supreme Court has the discretion to accept or reject a review of the case.