New York State and Federal Criminal Appeals Lawyer
Tom Theophilos is a New York criminal appellate attorney. He handles criminal appeals and post conviction proceedings in all of the New York appellate courts including the Appellate Division and the New York Court of Appeals (New York’s highest court). He also handles appeals from convictions in New York’s Federal District Courts that are heard at the United States Court of Appeals for the Second Circuit in Manhattan.
A proven record of success
New York Criminal Appeals - A Proven Record of Success
Tom Theophilos has received reversals for his clients on numerous criminal cases in state and federal court.
For example, in the case of People v. Buchanan, 13 N.Y. 3d 1, Mr. Theophilos won a reversal of a murder conviction in the New York State Court of Appeals. In that case Mr. Theophilos argued that the judge violated the defendant's rights by forcing him to wear a stun belt during the course of the trial.
In the case of U.S. v. Glenn, 312 F. 3d 58, Mr. Theophilos received a reversal in the Second Circuit Court of Appeals for a client convicted of murder in furtherance of a drug conspiracy. In this case, Mr. Theophilos argued that there was legally insufficient evidence to permit the jury to convict his client of the homicide.
In the case of People v. Martin, 8 N.Y. 3d 129, Mr. Theophilos received a reversal of another murder conviction. In that case, Mr. Theophilos argued that the judge made a mistake in the instructions that were given to the jury.
In the case of People v. Ott, 165 A.D. 3d 1601, Tom received a reversal of yet another murder conviction. This reversal was predicated on certain legal errors made by the trial judge.
Find out more about these and other reversals on appeal that Mr. Theophilos has received in criminal cases.
New York and Federal Criminal Appeals
Tom Theophilos is a criminal appeals and post conviction lawyer who handles direct criminal appeals, CPL 440 motions, and error Coram Nobis and federal habeas petitions. Mr. Theophilos enjoys an outstanding reputation as a relentless appellate advocate with exacting standards and a deep understanding of criminal law and procedure.
New York Criminal Appeals Information Provided by New York Criminal Appeals Lawyer Tom Theophilos
New York State Criminal Appeals Process - Learn about the path of an appeal from a criminal conviction in a New York trial court to the Appellate Division to the Court of Appeals and possibly even the United States Supreme Court.
Federal Criminal Appeals Process - Follow the path of an appeal from a criminal conviction in Federal District Court to a Circuit Court of Appeals to the United States Supreme Court.
Post Conviction Options in New York - Read a review of the options available for those who have been convicted after trial, including traditional direct appeals, federal habeas corpus petitions, error coram nobis petitions, New York 440 Motions, and more.
Legal Rights when Filing an Appeal - Read a summary of what rights a defendant has while his criminal case is pending on appeal in New York.
What can be Appealed after Conviction - Read a review of some of the possible issues that can be appealed after conviction in a criminal case in New York. Learn about issues of law versus issues of fact, credibility of witnesses, and how the trial lawyer may need to preserve issues for appeal during the trial.
Filing a Notice of Appeal in New York - Read a summary of the rules and procedures associated with filing a notice of appeal from a criminal conviction in a New York State Court.
Filing a Federal Notice of Appeal in New York - Read a summary of the rules and procedures associated with filing a notice of appeal from a criminal conviction in New York Federal District Courts.
The clock is ticking…
Criminal Appeals in New York State - time is of the essence
If someone you care about has been convicted of a crime after trial, it is vitally important that the trial transcript be reviewed by a criminal appeals lawyer as soon as possible to see if there is some basis for an appeal or other form of post conviction remedy. Preparing criminal appeals and post conviction motions is time consuming and complex and it is wise to seek the advice of an experienced criminal appeals lawyer immediately after a conviction.
The job of a criminal trial lawyer is very different from the job of a criminal appeals lawyer. Typically, the criminal trial lawyer will be a different lawyer from the lawyer who reviews the case for appeal.
Call for more information about criminal appeals in New York State or Federal Courts or to schedule a consultation with New York criminal appeals lawyer Tom Theophilos.
Appeals From Around New York
Mr. Theophilos handles Criminal Appeals from all over New York State. The five main appellate courts in the New York judicial system are located throughout the state, with the highest New York appellate court located in the state capital of Albany. Most of the work in preparing an appeal is done in an office drafting the brief and preparing for the single appearance in court that is permitted for oral argument. Mr. Theophilos routinely appears in appellate courts all around New York State. Just call 716-447-7899 or 716-447-7901 for more information.
Read Sample Court of Appeals Briefs
Review New York criminal appeal briefs filed by Tom Theophilos in the murder case of People v. Buchanan which he argued and won before the New York Court of Appeals. Review both Mr. Theophilos' initial arguments and his response to the Government's arguments here. Read the New York Court of Appeals decision in the Buchanan case.
Where Will a Criminal Appeal be Heard in New York?
New York State Criminal Convictions
The Appellate Division is where most appeals are first heard and therefore where the post conviction process will most likely first take you. The Appellate Division in New York is divided into four “Departments” that cover different geographic areas in New York. The Department that will handle your criminal appeal will depend on where the conviction occurred.
Mr. Theophilos regularly appears as necessary for oral argument on his appeals at each of the Four Departments across New York State.
New York City is home to two Departments, the First Department, located in Manhattan, and the Second Department, located in Brooklyn. The First Department covers criminal appeals arising out of New York County (Manhattan) and the Bronx. The Second Department covers criminal appeals arising out of Kings County (Brooklyn), Queens, Nassau, Suffolk, Westchester, Putnam, Rockland, and Orange Counties. The Third Department is located in Albany and covers the Albany area and counties toward New York’s borders with Quebec and Vermont. The Fourth Department covers the balance of New York west of the Third Department’s jurisdiction, and includes Buffalo, Rochester, and Syracuse.
New York Federal Criminal Convictions
Appeals from Federal criminal convictions in New York State are heard at the United States Court of Appeals for the Second Circuit, located in Manhattan. The Second Circuit in Manhattan will hear appeals from convictions from any of the four Federal trial level courts located in New York, called Federal District Courts. The Federal District Courts are the Eastern, Southern, Western, and Northern districts.
Mr. Theophilos regularly appears before the United States Court of Appeals for the Second Circuit for oral arguments.
most recent articles from criminal appeals blog
Tom Theophilos writes engaging articles about current criminal appeals issues he is working on, hot issues in New York and Federal criminal appeals, and more. Select posts are featured below.
