These frequently asked questions (FAQs) address questions our clients might have about CAL's operation and the appeals process. For a more thorough treatment of these and other issues, please consult our brochure, Your Appeal, which is provided to each client upon assignment.
The Appeals Process in the Appellate Division, First Department
How long will my appeal take?
This depends on a number of factors, including whether you pleaded guilty or went to trial, how long your trial was, and how quickly we are able to obtain all of your minutes. For a trial case, you can figure that it will take 18 to 24 months from the time we are assigned and open a case file, to the time the appellate court decides the appeal. The basic stages are gathering the record, preparing the brief, waiting to receive the District Attorney’s brief, and waiting for the court’s decision. Each of these stages can take many months.
Is there anything I should avoid doing because it might cause delay?
Yes. Check with us before making any motions on your own or instituting legal proceedings relating to your case. They may cause serious and unnecessary delay of your appeal. They may also make it difficult or impossible to raise certain argument son your behalf later. If you have any motions pending that relate to your case, please let us know about them immediately.
What will happen when my minutes are complete?
When the minutes in your case are substantially complete, we will assign your case to an individual attorney, who will contact you shortly after being assigned. Your attorney will keep you informed of progress on your case from then on.
How do I communicate with my attorney?
If you are at liberty, we encourage you to come in and discuss your case with your attorney in person, or call and do so. If you are incarcerated, written correspondence is the norm. Our office is also able to accept collect phone calls (212-577-2531), unless your attorney is away from their desk and unable to speak with you. Of course, a friend or relative may phone or visit your attorney, as long as we have written permission from you authorizing us to discuss your case with that person. Depending on the issues in the case, we also visit clients at their facilities.
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