Category Archives: BLOG

If You Waived Your Right to Appeal

It is common for a federal prosecutor to seek a plea agreement with the defendant and his attorney. The motivation underlying such a plea agreement may be that the court dockets are too full, or that an inadequate amount of evidence against the defendant exists. Generally some kind of sacrifice is expected in return for such an agreement, such as pleading to a lesser charge or possibly waiving the right to appeal. If, under the latter circumstance, a person wishes to appeal, a Fairfield County appeals attorney may be able to help.

Can an Appeal Be Made?

Fairfield County appeals attorney

When the right to appeal has been waived, one would expect that the coffin lid has been
shut and nailed tight on any chances of appealing the case in the future. While appealing a case that has been pleaded is an uphill battle, a Fairfield County appeals attorney may still be able to arrange an appeal hearing under certain circumstances:

  • The defendant did not knowingly and voluntarily agree to the plea agreement.
  • The sentence that was imposed does not correspond with that which was agreed upon in the plea agreement.
  • A procedural error in sentencing was made.
  • The sentence imposed is out of keeping with what is appropriate for such a conviction.

It should be noted that appealing a case when rights of appeal have been waived is more the exception than the rule. When one is considering a plea bargain, therefore, whether in federal or state court, it is vital that to consider all the ramifications of accepting it.

For Assistance

If you feel that a case for appeal exists in your conviction, speak with Fairfield County appeals attorney Mitchell Baker today. Call (914) 681-9500.

Appeal on a Civil Fraud Conviction

Civil fraud cases differ from criminal trials in that money damages are generally the remedy. This, of course, presupposes that the act of civil fraud in question did not lead to criminal charges. A Fairfield County appeals attorney will strategics an appeal to such a conviction with an eye on the specifics of the case.

Fairfield County appeals attorney

Acts of Civil Fraud

State civil codes provide remedies against individuals who violate good faith practices by making false representations or concealing important information. For instance, a person may be charged with civil fraud for willfully lying about a product he is selling. The act of fraud is predicated upon the defendant knowingly being deceptive, and with the intent that the plaintiff will act upon the deception to his own detriment.

Appealing Civil Fraud

The most likely challenge a Fairfield County appeals attorney will bring to a civil fraud conviction is to call into question whether the act did, in fact, occur in the first place. One argument can be that the defendant was merely stating an opinion. Another potential argument is that the plaintiff misunderstood the act or statement. If any of the necessary components of the act of fraud can be successfully struck down—that it was committed, that it was done knowingly, and that the intent was that the plaintiff act upon it—the appeal may be granted.

If you have been convicted of civil fraud, call Fairfield County appeals attorney Mitchell Baker to arrange a meeting. Call (914) 681-9500 today.

If You Need to Evict a Tenant

Tenant eviction is an unpleasant matter, but sometimes it becomes necessary if the occupier either fails to pay rent or abide by rules of the lease. If a landlord does not proceed with care and follow proper procedures, he may find himself in legal difficulties, so it is important to consult with a Fairfield County real estate lawyer if you plan to proceed with an eviction.

The Process

Fairfield County real estate lawyer

Your Fairfield County real estate lawyer can help you prepare the necessary legal documents and the process of eviction. New York law requires that you sue in court to evict the tenant.

Your lawyer will begin by preparing the petition to request a court hearing. This must be filed with the court and served on the tenant. For individuals who will be evicted for failure to pay rent, you will bring a summary non-payment in court. If the nature of the eviction is some violation of the lease agreement, you will bring a summary holdover against the tenant.

Once you win the case, the court will issue a Warrant of Eviction, which can only be carried out by an officer—the sheriff, constable, or marshal. If the tenant resists eviction, you are not allowed to remove his personal belongings or shut off essential services such as water or power to force him to do so. Leave the matter to the law.

Legal Implications for Failing to Follow the Process

Some landlords, perhaps out of frustration or ignorance of the law, attempt to forcibly remove tenants from a property. New York law provides tenants with certain rights and due process, however, and any such attempt can lead to civil and/or criminal penalties for the landlord.

Call for Legal Assistance

If you need assistance with an eviction or other legal matter, call a Fairfield County real estate lawyer today: Mitchell Baker can be reached at (914) 681-9500.

How the Appellate Process Works

The process of appeal is a complex and difficult matter for which an experienced and diligent Fairfield County appeals attorney is best suited. An individual who has been convicted at trial in this state automatically has a right to appeal, provided he acknowledged a desire to do so.

The Appeal

Fairfield County appeals attorney

The appellate process is comprised of three tiers, but only the first is automatic. In order for a verdict to be heard, however, the defendant and his Fairfield County appeals attorney must file a notice of appeal with the court clerk within 30 days of the sentencing date.

Appeals are brought on one of two grounds: issue of fact and issue of law:

  • Issue of Fact: An issue drawn from the facts of the case. Appeals are rarely brought/won on these grounds
  • Issue of Law: A matter of law, such as violation of the rules of evidence by the original judge

The Verdict

Once the appeal has been heard, it may either be granted or rejected. A win on appeal rarely results in a dismissal of the original case and charges. This normally will occur only if it is found that the case was founded on insufficient evidence. Rather, the defendant will be granted a new trial.

If the defendant loses, he and his Fairfield County appeals attorney may then appeal to the New York Court of Appeals. An appeal on this level, however, is not automatically granted. A loss at this level may in rare cases be appealed to the U.S. Supreme Court, but generally the highest court only hears cases that pertain to constitutional matters.

For Further Information

If you wish to appeal a conviction, it is vital that you have a strong Fairfield County appeals attorney in your corner. Time is of the essence, so call the Law Offices of Mitchell Baker for a consultation right away at 914-681-9500.

Attorney Fees in Civil Rights Cases

It is in your best interest to have a Fairfield County civil rights lawyer handling your case, as civil rights violation cases often involve complex litigation. Fortunately, given the importance of your civil liberties granted by the U.S. Constitution, it is one of the few areas of law where you can recover your attorney’s fees.

How the system ordinarily works.
Typically speaking, attorney fees are not awarded in legal matters.Rather, it is usually up to each individual party to pay their respective lawyers, regardless of who won or lost the case. However, civil rights litigation is an exception to this general rule, as mandated by the Civil Rights Attorney’s Fee Award Act of 1976. This Act allows the Court to award reasonable attorney fees to parties that prevail in their matters brought pursuant to civil rights section 1983, which provides for persons to bring federal and state civil rights actions.

Factors to Consider Regarding Reasonable Attorney Fees
The court has the authority to award to reasonable attorney fees to your Fairfield County civil rights lawyer. Authority exists for the Court to consider the following factors when determining whether fees are reasonable:

1) The documented time involved in the case;
2) The regular lawyer fees charged by him or her;
3) The results obtained in the case;
4) The reputation and experience of the Fairfield county civil rights lawyer;
5) The monetary awards in similar cases;
6) The novelty, desirability, and difficulty of the legal issues pursued;
7) The lost opportunity cost to the lawyer;
8 ) The length and nature of relationship between the client and the Fairfield county civil rights lawyer;
9) The skill and expertise needed to pursue the matter; and
10) Whether the lawyer fee was contingent or fixed.

Limitations with Frivolous Claims
Another important consideration regarding attorney fees is whether or not the legal claims brought were legitimate, not frivolous claims. There has been a split in decisions handed down by courts regarding frivolous claims. Some courts have allowed an award of attorney fees if any of the claims prevailed. However, other courts have decided not to award attorney fees if any claims were determined to be frivolous. A Fairfield County civil rights lawyer will know how to identify and pursue only legitimate civil rights claims on your behalf.

We Can Help
If you have any questions regarding attorney’s fee with respect to your civil rights legal matter, you should consult with a Fairfield County civil rights lawyer as soon as possible. To schedule a complimentary consultation with Fairfield County civil rights lawyer Mitchell Baker, please call (914) 681-9500.

The Wrong Reasons for an Appeal

As a Fairfield County appeals attorney, I frequently meet with many impassioned people
who are very unhappy with the ultimate decisions made in their legal case. However, often the reasons that a person believes a case should be appealed are not appealable issues. This does not however mean that legitimate appealable issues do not exist, just that sometimes the reasons for wanting to appeal are not those.

Bad Reasons to Appeal
The following are some of these non-pursuable issues:
1. Someone lied under oath.
2. You hate your ex.
3. There was a conspiracy against you.
4. The judge hated you and didn’t treat you fairly.
5. The judge decided in favor of my ex because she was wearing a sexy little skirt and revealing blouse.
6. The jury was incompetent.
7. On principle.

Notice that all of the reasons listed are fueled by emotion. This writing is not intended to discredit those emotions you may be having, but rather to help you understand that most people who lose a court battle experience these and other similar types of emotions. Unfortunately, an appeal must be based on legally appealable issues, which normally involve a legal error.

Don’t Be Discouraged
However, just because your reasons for wanting to appeal are not good, there may still be good legal cause for an appeal. You should not be discouraged from discussing your case with a Fairfield County appeals attorney. An experienced Fairfield County appeals attorney will be able to evaluate case for legitimate appealable issues. There are even exceptions where some of the previously listed non-appealable issues might be appealable. A Fairfield County appeals attorney can explain all your potential options.

We Can Help
Call Mitchell Baker, a Fairfield County Appeals lawyer, today at (914) 681-9500 for a free initial consultation regarding your appellate matter.