Section 1: General Questions & Hiring Our Firm

1. What is the difference between a trial lawyer and an appellate lawyer?
A trial lawyer operates on the front lines, presenting evidence, examining witnesses, and arguing before a jury. Their focus is on the facts of the case. An appellate lawyer works after a conviction. Their focus is on the law and procedure. We scrutinize the trial record for legal errors made by the judge, prosecutor, or even your prior defense counsel that could lead to a reversal of the conviction. Our firm is fluent in both languages.

2. I'm under investigation but haven't been charged. Is it too early to hire a lawyer?
No. This is the most critical time to secure counsel. An experienced federal or state defense attorney can intervene before an indictment, potentially negotiating with prosecutors, challenging investigative methods, and positioning your case for a more favorable outcome, or in some cases, no charges at all. Waiting until you are arrested is a strategic mistake.

3. Why should I hire a specialized firm like Rosenberg PLLC?
Federal and appellate law are highly specialized fields with complex procedural rules. A general criminal practitioner may not have the depth of experience required to navigate the Second Circuit Court of Appeals or draft a compelling CPL § 440 motion. We focus exclusively on these high-stakes areas. This is not just part of our practice; it is our practice.

4. Do you offer free consultations?
We offer an initial case evaluation. This is a detailed consultation where we review the specific facts and procedural posture of your case to determine if we can help you. This is a substantive legal analysis, not a brief, complimentary chat.

5. How are your legal fees structured?
This depends entirely on the complexity and stage of the case. Federal trials, state appeals, and post-conviction motions each require a different scope of work. We typically work on a flat-fee basis, which we will discuss and define with complete transparency after our initial case evaluation. Quality legal defense is an investment, and we provide clear, predictable fee agreements.

6. What courts do you practice in?
We are admitted to practice in the courts of New York State and various federal courts, including the Eastern and Southern Districts of New York and the U.S. Court of Appeals for the Second Circuit.

Section 2: Understanding State & Federal Appeals

7. What is a direct appeal?
A direct appeal is the first step after a conviction. We argue that legal errors made during your trial prevented you from receiving a fair trial. These errors must appear in the official trial record (transcripts, exhibits, etc.).

8. Can I introduce new evidence on a direct appeal?
No. A direct appeal is strictly limited to the existing trial record. The appellate court is reviewing the trial for legal mistakes, not re-trying the facts with new evidence.

9. What are common grounds for an appeal?
Grounds can include improper jury instructions, wrongful admission or exclusion of evidence, prosecutorial misconduct, insufficient evidence to support the verdict, or an illegal sentence.

10. What are the possible outcomes of an appeal?
The court can: (1) Affirm the conviction, meaning you lose the appeal. (2) Reverse the conviction and dismiss the charges, which is rare but possible. (3) Reverse and Remand, which vacates the conviction and sends the case back to the trial court for a new trial. (4) Modify the sentence.

11. How long do I have to file a notice of appeal?
The deadlines are absolute and unforgiving. In New York, you must file a notice of appeal within 30 days of sentencing. In the federal system, the deadline is just 14 days. Missing this deadline can permanently forfeit your right to a direct appeal.

Section 3: Federal Criminal Cases

12. What makes a federal case different from a state case?
Federal cases involve alleged violations of United States federal law. They are investigated by federal agencies like the FBI, DEA, or IRS and prosecuted by Assistant U.S. Attorneys. The rules of procedure are different, the sentencing guidelines are complex (though advisory), and the prosecutors are often exceptionally well-resourced.

13. What is a § 2255 Motion?
A Motion to Vacate, Set Aside, or Correct a Sentence under 28 U.S.C. § 2255 is the primary way for a federal prisoner to challenge their conviction after a direct appeal has failed. It allows you to raise issues that were not on the trial record, such as ineffective assistance of counsel or newly discovered evidence.

14. What does "ineffective assistance of counsel" mean in a federal case?
This is a claim that your trial lawyer's performance was so deficient that it deprived you of your Sixth Amendment right to a fair trial. You must prove both that their performance fell below an objective standard of reasonableness and that, but for their errors, the result of the trial would likely have been different. This is a difficult standard to meet.

15. What is a federal writ of habeas corpus?
Generally, this refers to a petition filed under 28 U.S.C. § 2254 by a state prisoner who wants to challenge their state conviction in federal court. They argue that their state conviction was obtained in violation of their U.S. Constitutional rights.

Section 4: New York State Criminal Cases

16. What is a CPL § 440 Motion?
A motion under New York's Criminal Procedure Law § 440.10 is the state-level equivalent of a federal § 2255 motion. It allows a defendant to challenge their conviction based on facts outside the trial record. It is a critical tool for raising claims of newly discovered evidence or ineffective assistance of your trial lawyer.

17. Should I file a direct appeal or a 440 motion first?
It depends on the nature of the errors. If the errors are clear from the trial transcript, a direct appeal is the proper route. If your claim is that your lawyer failed to investigate or call a witness—facts that are not in the record—a 440 motion is necessary. Sometimes, these actions are pursued strategically at the same time.

18. Can a 440 motion be filed at any time?
While there isn't a strict deadline like there is for a direct appeal, the motion must be brought with "due diligence" after you discover the facts supporting your claim. Unreasonable delay can be grounds for the court to deny your motion.

19. My direct appeal was denied in state court. What's next?
After exhausting your state appeals, your next potential step may be to file a federal writ of habeas corpus (§ 2254) in federal court, arguing that your state conviction violated your federal constitutional rights.

20. What is a "1983 Claim"?
A lawsuit under 42 U.S.C. § 1983 is a civil rights action. It is not a criminal proceeding. It is a civil suit for money damages filed against state officials (like police officers) who violated a person's constitutional rights under the "color of law." For example, a claim for wrongful conviction or police brutality might be brought as a 1983 claim.

Have More Questions? The Next Step is a Case Evaluation.

The law is complex, and your situation is unique. The only way to get advice tailored to your specific circumstances is to have your case reviewed by experienced counsel. Contact Rosenberg PLLC to schedule a detailed case evaluation.