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 Attorney
If you or your loved one has been convicted of a crime in a federal district or trial court, you might need to appeal the decision in a federal appellate court.
A federal appeal is the review process for decisions or judgments of trial courts in cases involving federal law or crimes. While the outcome of such appeals might offer a reprieve for those convicted in lower courts, the process is complex and involves a lot of legal technicalities.
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.
How Federal Appeals Work
Federal trials generally begin at the federal district courts across the states. Appeals from these district courts are filed at the federal circuit court, and many such appeals are concluded there. Only a few cases go from federal circuit courts to the United States Supreme Court.
The federal appeals process thus allows individuals or entities to challenge the decisions made by lower federal courts.
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.
Effects of a Successful Criminal Appeal
If your federal criminal appeal succeeds, the appeal court may do any of the following depending on the circumstances of your case:
Vacate the Conviction
This means the court will overturn your conviction, and you’re no longer required to serve any sentence that was issued in that regard.
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.
How Federal Appeals Lawyers Can Help
You have the right to represent yourself in a federal court. However, while that approach might work in a civil case, in a criminal case, the stakes are higher as the outcome could affect your liberty.
Hence it is crucial that you seek professional help from a federal appeals lawyer in such cases to avoid any mistakes that could cost you your freedom.
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.
Contact Reputable Federal Appeals Lawyers at Strickland Webster, LLC
If you have further questions about the federal appeals process, you can contact us at Strickland Webster, LLC. We can answer your questions and help you chart a suitable course of action for your case.
Visit our website to learn more about our law firm and see what our clients say about our services. You can also schedule a consultation and speak with our skilled attorneys. Let us help you as you fight your way out of the criminal justice system.
