New York Criminal Appeals Lawyer
Tom Theophilos is a New York criminal appellate attorney. He handles criminal appeals in all of the New York appellate courts including the Appellate Division and the New York Court of Appeals. He also handles federal criminal appeals in the New York Circuit Court of Appeals and the United States Supreme Court. Find out more about Mr. Theophilos in the article "New York Criminal Appeals Lawyer Thomas Theophilos".
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. (Read the Court of Appeals Opinion) (Read the Appellate Brief) (News Article 1, News Article 2)
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.
Find out more about Mr. Theophilos' background as a criminal appeals attorney and other reversals that he has received in the article "About New York criminal appeals lawyer Thomas Theophilos" (Please note that every case is different and that prior results do not guarantee a similar outcome.)
Historic United States Supreme Court Decision on Guns Could Impact New York Gun Laws
Read a brief discussion of the McDonald v. Chicago decision in which Tom Theophilos examines the potential impact of this decision on current New York State and New York City gun legislation and regulations.
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 options for those who have been convicted after trial, including traditional direct appeals, federal habeas corpus, 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 even 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 what rights a defendant has while his case is pending on appeal in New York.
Information about New York and Federal Appeals Courts
- Appellate Division, First Department - The First Department handles direct and collateral appeals in criminal cases from Manhattan and the Bronx.
- Appellate Division, Second Department - The Second Department handles direct and collateral appeals in criminal cases from Richmond, Kings (Brooklyn), Queens, Nassau, Suffolk, Westchester, Dutchess, Orange, Rockland, and Putnam counties.
- Appellate Division, Third Department - The Third Department, located in Albany, handles direct and collateral appeals in criminal cases from 28 counties in northern and central New York, including the cities of Albany and Binghamton.
- Appellate Division, Fourth Department - The Fourth Department is located in Rochester, and handles direct and collateral appeals from counties in central and western New York, including the cities of Buffalo, Syracuse and Rochester.
- Court of Appeals - The Court of Appeals, in Albany, is the highest Court in New York State.
- Southern District Court, New York - The Southern District Court handles trial level federal criminal cases from New York (Manhattan), Bronx, Westchester, Rockland, Putnam, Orange, Duchess, and Sullivan Counties.
- Eastern District Court, New York - The Eastern District Court handles trial level federal criminal cases from Kings, Queens, Richmond, Nassau, and Suffolk Counties.
- Western District Court, New York - The Western District Court handles trial level federal criminal cases from counties located in western New York, including the cities of Buffalo and Rochester.
- Northern District Court, New York - The Northern Distict handles trial level federal criminal cases from counties in northern and central New York, including the cities of Albany, Syracuse and Binghamton.
- Second Circuit Court of Appeals - All direct appeals and collateral habeas corpus appeals from Federal District Courts in New York will be heard by the Second Circuit Court of Appeals.
- United States Supreme Court - The United States Supreme Court is the highest Federal Appeals Court in the United States.
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.