Federal Appeals Lawyer
Upon conviction, some defendants turn to a Federal Appeals Lawyer for advice. Schedule a consultation with Strickland Webster, LLC, and take your next step.
Federal appeals also require precision, as the slightest mistake before and during the process could cost you. So to get the best out of the process, you might need help from experienced federal appeal attorneys.
Federal appeal lawyers are those whose core practice involves representing clients and handling cases in federal courts of appeal. They understand how federal appeal rules work and can guide you throughout the appeal process while working to ensure a positive outcome for your case.
Read on to learn more about the federal appeals process and how federal criminal appeal lawyers can improve your chances of success in a federal appeal court.
However, an appeal is not a retrial, and federal appeals courts do not evaluate the facts of the case or admit any evidence. Instead, the role of the appellate court is to review the procedure followed during the trial of a case and the decision reached by the judge to ensure that the law was applied correctly and the defendant received a fair trial.
Federal appeals involve a lot of paperwork and documentation. The process at federal appellate courts usually begins with filing a document or form called the notice of appeal.
Parties are also required to file written briefs outlining the legal arguments they intend to canvass in court. These documents have to comply with specific legal requirements to be valid.
Non-compliance could adversely affect the outcome of your appeal. As such, it is important to have a federal appeals attorney who understands these requirements to prepare the relevant paperwork on your behalf.
Federal appeals are also time-bound, so it is important to act fast if you intend to explore this option. For instance, if you’re appealing a criminal conviction, you have 14 days after the district court delivers its judgment to file your notice of appeal.
However, if you failed to appeal within the stipulated time, you can contact your federal appeals attorney for help. They might be able to help you get an extension to allow you to begin the appeals process outside the stipulated time frame.
Remand the Case Back to the Original Court for a Retrial
This means the case returns to the original court where it was tried. In such cases, the trial court begins the trial afresh, which effectively gives you another opportunity to defend yourself diligently.
Reduce Your Sentence
This usually happens if the previous sentence issued by the trial court was given in error. In such cases, the appeal court, after reassessing the initial sentence and the relevant laws, would impose a more appropriate sentence fitting the crime.
Possible Grounds for Federal Appeals
There are several possible grounds for a federal appeal, including:
- That the trial court applied the wrong law
- That the trial court applied the proper law incorrectly
- That there was a constitutional violation during the trial.
For an appeal to be successful, it must demonstrate that one or more of these grounds have been met. If you’re dissatisfied with the decision of the trial court in your case, you can consult an attorney to help determine whether there are reasonable grounds for an appeal or whether an appeal is appropriate in the circumstances.
Your lawyer’s role includes the following:
- Reviewing the trial court’s decision
- Identifying any errors or legal issues that may have affected the case’s outcome
- Developing a compelling argument for why the higher court should overturn the lower court’s ruling in your favor
This often involves rigorous research and interpretation of the relevant laws, regulations, and case law, drafting and filing legal briefs, and arguing the case in court.
All of these require legal training and skill which you might not be able to provide. So, let a federal appeals attorney ease your stress and help you bear the burden of complying with all the legal requirements that your appeal requires to succeed.