After a conviction in a criminal case, the focus must turn toward appeals and/or post-conviction proceedings in order to secure appellate reversals, minimize sentences, deal with conditions of confinement, and, potentially, to obtain a new trial. The issues involved are so complex and specialized that the convicted individual typically turns to new attorneys with specific experience in appeals and post-conviction relief.

Sullivan & Brill, LLP has extensive experience with criminal appellate work, and post-conviction remedies. Sullivan & Brill, LLP attorney Rachel Brill, of counsel to the firm, is especially well-known for her work in federal appeals and post-conviction relief, including cases arising from the Booker / Fanfan decision. She regularly argues before appellate panels in several circuit courts throughout the country and has been successful in matters ranging from the improper application of a federal statute to an environmental disaster (United States v. Pedro Rivera), to the government’s failure to prove foreknowledge in connection with a federal carjacking charge (United States v. Rosario-Diaz and Montalvo-Ortiz).

Most recently, Rachel has orally argued the case of United States v. Jose A. Garcia Ortiz, in which her client was sentenced to two concurrent life imprisonment terms for a Hobbs Act violation (Count One) and a violation of 18 U.S.C. § 924(j) (Count Three), along with a 10-year consecutive term for a § 924(c) violation (Count Two). The matter, however, was remanded for re-sentencing, because Count One carries a maximum of only 20 years.  At that resentencing hearing, Rachel convinced the district court to render a sentence of 51 months for Count One, concurrent to a 240-month sentence for Count Three, and a 5-year consecutive term as to Count Two. On further appeal, Rachel successfully argued that the 5-year consecutive term for Count Two violated the double jeopardy clause because the conduct was incorporated into Count Three. In fact, the government conceded the point. The matter has been remanded for re-sentencing once again. 

Also, the appellate lawyers at Sullivan & Brill handle both New York State and Federal appeals.  It is important to understand that disitnction.  The following chart should give you a general sense of the types of cases that are heard in State and Federal Courts:

Appellate lawyers must be able to exhaust all possibilities to review a conviction.  The New York and Federal Appellate Lawyers at Sullivan and Brill have solid experience in appellate brief writing and orally arguing to Appellate Courts in New York State and different Federal Circuits.  In fact, the appellate lawyers at Sullivan & Brill know that many cases can be won in the appellate process using different arguments and legal tools than in the trial court.  The New York and Federal Appellate Lawyers at Sullivan & Brill, LLP’s use a variety of measures in their appellate practice, including the following:

• CPL 440 Motions
• Habeas Corpus Writs
• New York State Appeals
• Federal Appeals

One of our appellate lawyers, Rachel Brill, who works out of San Juan, Puerto Rico, is one the nation’s most prominent federal appellate lawyers.  She a developed expertise in both legal research, brief writing and orally arguing before the appellate courts.  In one of Rachel's appeals, United States v. Rivera-Santiago & Alamo-Silva, Attorney Rachel Brill got a conviction of drug distribution and importation reversed because of a judge's improper response to jury questioning during deliberation.  In addition to Rachel, Sullivan & Brill has a team of hard-working appellate lawyers that understand that cases that may not be successful on a trial court level, can be won with a well-researched and creative appeal.

Lately, a large part of Rachel Brill’s federal appellate practice has been devoted to post-conviction relief following the Booker / Fanfan Supreme Court decisions. Ms. Brill’s work as a post-conviction attorney takes her across the United States where she helps individuals who have been convicted of federal crimes potentially secure lesser sentences.

The United States Supreme Court decisions in Booker / Fanfan rendered the federal sentencing guidelines advisory, and now places a new burden on criminal defense attorneys to convince judges to sentence reasonably. Ms. Brill assists those who have not yet been convicted or sentenced, and uses her knowledge of sentencing guidelines as well as the other mitigating circumstances recognized by the law, to obtain the lowest possible sentence.

For New York State criminal cases, the attorneys of Sullivan & Brill, LLP help clients throughout New York City (NYC - Manhattan, Bronx, Brooklyn, Queens, and Staten Island), Nassau County, Suffolk County, and Westchester County, as well as the other NY counties. For federal cases, the firm's appellate and post-conviction releif lawyers assist clients throughout the United States and Puerto Rico.

In addition to it's New York office, the firm also has an office in San Juan, Puerto Rico staffed by an experienced federal criminal defense attorney.