Appeals

Mr. Rubenstein represents people who have been convicted of crimes at the trial level in both state and federal courts through the criminal appeals process. As a former Assistant Hamilton County Prosecutor assigned to the Appellate Division, Mr. Rubenstein has a tremendous amount of appellate experience. He has handled hundreds of criminal appeals in Hamilton County.

The court system is intended to ensure justice and fairness. The fact is, though, sometimes the courts make mistakes. The criminal appeals system provides an opportunity to remedy these errors.

Mr. Rubenstein’s experience as an Appellate prosecutor has given him an enormous amount of insight into the appellate process. For years he defended countless convictions in the Hamilton County Appellate Court. This experience sharpened his legal research and writing ability, and it has made him an even better appellate criminal defense attorney.

Having handled so many appeals over the years, Mr. Rubenstein has mastered the rules of appellate practice and procedure. He has also honed his research, writing, and oral advocacy skills. Mr. Rubenstein has argued countless cases in the Ohio First District Court of Appeals (Hamilton County). He has also argued cases in the Ohio Supreme Court, the Ohio Twelfth Appellate District Court of Appeals (Clermont, Warren, and Butler Counties), and the United States Court of Appeals for the Sixth Circuit (Federal Court).

If you need advice about the prospects of a more favorable result on appeal of your criminal conviction or sentence in either Ohio Criminal Courts or the United States Federal District Courts, you must contact an experienced criminal appellate attorney.

Mr. Rubenstein has always emphasized criminal appeals as an essential aspect of his broader criminal defense client service. There are many things that can go wrong at trial, in the jury room, or at sentencing. With his long experience and deep understanding of both Ohio and federal criminal law, he can identify specific reversible errors at any stage of the proceedings below, demonstrate persuasively that a particular ruling or decision was contrary to established law, and perhaps most importantly, show that the mistake at trial had a direct and prejudicial effect on his clients ability to present an effective defense.

Another way of summarizing his approach in criminal appeals is to recognize that while trial representation is mainly about protecting a clients rights as far as possible at every stage from arrest through sentencing, on appeal the focus also includes an examination of the responsibilities of the prosecution and the trial court. On a direct appeal of a criminal conviction, Mr. Rubenstein ensures that a clients right to a fair trial was protected by the government.
As well as direct appeals of criminal convictions and sentencing decisions, Mr. Rubenstein also represents clients on the full range of post‑conviction problems and remedies, including probation and parole issues, state court post-conviction remedies, motions for judicial release, and federal habeas corpus petitions based on ineffective assistance of counsel or other violations of constitutional rights. Additionally, Mr. Rubenstein assists clients with matters such as pardon applications and petitions for the restoration of gun rights.