About New York Criminal Appeals Lawyer Tom Theophilos
Legal Training
Tom Theophilos has been a criminal attorney for over 20 years. In law school he received awards for his ability to argue an appeal, draft an appellate brief and conduct a trial.
After law school, Mr. Theophilos practiced as a criminal trial attorney for several years in New York City. He tried numerous felony jury trials and conducted numerous pre-trial suppression hearings. In the criminal trial courtrooms of New York City, Mr. Theophilos gained an insight into criminal trial practice that continues to help him analyze trial transcripts to this day.
A Law Practice Concentrated In Criminal Appeals and Post Conviction Litigation in New York
For many years now Mr. Theophilos has maintained his own private law practice which is concentrated in the area of criminal appellate and post conviction litigation in both New York State and federal courts. Mr Theophilos handles:
direct appeals
CPL 440 motions
federal habeas corpus petitions
other post-conviction remedies, such as coram nobis petitions
Working on Criminal Appeals
The preparation of a direct appeal or any other type of post-conviction litigation involves a significant amount of work. Transcripts have to be meticulously reviewed to determine if any issues present themselves for appeal.
Once issues are spotted, many hours of legal research have to be done to determine what case law exists that would support the defendant's arguments. A brief then has to be drafted which persuasively argues to the court that the case law coupled with the facts of the defendant's case require that the conviction be reversed.
Once the brief is submitted then the court schedules the case for oral arguments. At oral arguments the attorney can be peppered with numerous questions and especially in the New York Court of Appeals questioning will be extremely intense and the judges will be very well-prepared.
Mr. Theophilos puts a great deal of work into the appeals that he handles. When he takes a case he studies the facts and the law for days on end until he develops an argument that he believes has the best chance of winning. He has often spent hundreds of hours on a single case. He works the case tirelessly until he is convinced that he has produced an excellent work product.
It is this single-minded attention to detail and relentless work in support of his clients that has resulted in the numerous reversals that he has received.
Working Against the Odds as a Criminal Appeals Lawyer in New York
The harsh reality is that the vast majority of criminal appeals are lost. It is much more difficult to win a case on appeal than it is to be successful in the trial court.
At the trial court the defendant has the presumption of innocence. Once the defendant has lost the trial, that presumption is gone. This makes it much more difficult to prevail on appeal.
The fact that winning an appeal is always an uphill battle does not mean that you should give up hope. The numerous reversals that Mr. Theophilos has received for his clients is evidence that appeals can be won on difficult cases.
Choosing the Right Criminal Appeals Lawyer
Many people will consider hiring a well-known trial attorney to handle an appeal. The belief is that because the lawyer won a number of trials that he might be the best person to handle the appeal.
Unfortunately, the reality is somewhat different because the job of a trial lawyer is very different from the job of an appeals lawyer. Each job requires a different set of skills. Having the skills to be a great trial lawyer does not mean that a person has the skills to be a great appeals lawyer.
To properly draft an appellate brief the lawyer must set aside large chunks of time to conduct research and actually draft the brief. That means sitting in an office for hours at a time, day after day, until the brief is done. Trial lawyers necessarily have to go to court every day. If they are successful trial lawyers then they go to court even more often than other trial lawyers. The likelihood is that they are hardly ever in their office. This of course brings into question when they would have enough time to write the brief.
Additionally, knowledge of the law is obviously critical in winning an appeal. People who concentrate their practice in appellate litigation spend most of their time studying the law.
Trial attorneys do not spend most of their time studying the law. Trial attorneys spend most of their time going to court, conferencing cases with judges, speaking with dozens of clients, tracking down witnesses, preparing cross examinations and many other things completely unrelated to the study of law.
Before retaining appellate counsel, you would be best advised to make sure that the person you hire has the type of practice, skills, and experience that will enable him to do the job properly.
Cases Handled Throughout New York State
Mr. Theophilos represents people from all over New York State. Specifically, he has represented people with cases originating from the following areas:
Manhattan
Queens
Brooklyn
Bronx
Nassau
Westchester
Binghamton
Syracuse
Rochester
Buffalo
The majority of work on an appeal involves research and writing in the office to prepare a legal brief and preparation for a single appearance before the appeals court for oral arguments. Therefore, Mr. Theophilos takes cases from all around New York State and simply travels to the various appellate courts as needed for oral arguments.
In the course of his criminal appeals practice, Mr. Theophilos has handled appeals before the following courts in New York:
Tom Theophilos - New York Criminal Appeals Lawyer
Focusing on criminal appeals and other post conviction remedies, Mr. Theophilos has developed an outstanding reputation that is supported by a substantial body of quality work, including successes on murder, assault, and federal drug convictions.
In this article, find out about New York Criminal appellate attorney Tom Theophilos, the types of cases he handles, and the courts in which he regularly argues appeals in New York.
If you have any questions or would like to speak with New York Criminal Appeals Attorney Tom Theophilos about a New York State Criminal Appeal or a Federal Criminal Appeal, please call 716-447-7899 or 716-447-7901.