Appealing A Federal Conviction

Breaking Down The Federal Appeals Process

If you’ve been convicted in a federal criminal trial, you have the right to appeal the decision. If you do, you’ll need to pay careful attention to detail, as well as have a decent understanding of the process. Why? Because the federal appeals process is incredibly complex and must be followed precisely. I’ll overview it for you here.

Notice Of Appeal

The first step is filing a notice of appeal with the district court that handled your case. Generally, this must be done within 14 days after the judgment or order you’re appealing, as specified in Rule 4(b) of the Federal Rules of Appellate Procedure.

Grounds For Appeal

You need valid grounds to appeal. These can include such things as legal errors, such as the improper admission or exclusion of evidence, insufficient evidence to support the conviction, prosecutorial misconduct, juror misconduct, and issues related to sentencing.

Appellate Brief

You must also submit a written brief outlining their arguments and the legal basis for the appeal. The government then has the opportunity to respond with its own brief.

Oral Argument

In some cases, the appellate court will schedule an oral argument where attorneys for both sides present their cases and answer questions from the judges.

Decision

After reviewing the briefs, the trial court record, and any oral arguments, the appellate court makes a decision.

Further Appeals

If your first appeal is unsuccessful, there are options for further appeals:

• Seek an en banc hearing, or requesting a hearing by the full appellate court.
• Petition for writ of certiorari, that is, file a petition to the United States Supreme Court, though the Supreme Court only accepts a small percentage of cases for review.

Throughout the appeals process, you have the right to be represented by an attorney. If you cannot afford one, an attorney will be appointed to represent you. Given the complexity and strict rules governing appeals, having experienced legal representation is truly vital, especially since most plea bargains include language where the defendant waives their right to appeal. A skilled lawyer will be able to catch this for you and steer you clear of any complications that would arise by missing it.

Donald J. Matson, founder of Law Offices of Donald J. Matson, a PC in California, brings a wealth of experience in federal appellate law, guiding numerous clients through complex appeals with diligence and expertise. With a deep understanding of the appellate process and a track record of successful outcomes, Donald is committed to securing justice and fairness for his clients. Whether you’re navigating legal errors, sentencing issues, or seeking to overturn a conviction, Donald J. Matson is prepared to advocate tirelessly on your behalf.

Ready to explore your options? Contact Law Offices of Donald J. Matson, a PC for a strategic consultation today.

Possible Outcomes

When you file a federal appeal, several potential outcomes can arise, each significantly impacting the course of your case and underscoring the importance of an effective legal strategy throughout the appeals process.

Affirmation

The appellate court agrees with the lower court’s decision, upholding the original judgment and sentence. Essentially, nothing changes, and the initial ruling stands.

Reversal

The appellate court disagrees with the lower court’s decision and overturns the conviction or sentence. This means the previous verdict is nullified, which can lead to various next steps, such as the dismissal of charges or a new trial.

Remand

The appellate court sends the case back to the lower court for further proceedings. This could involve conducting a new trial or re-sentencing, depending on the appellate court’s instructions. The remand indicates that some parts of the initial proceedings were flawed and need correction.

Modification

The appellate court changes specific aspects of the lower court’s decision. This could include reducing the sentence or altering other terms of the judgment. Modification aims to correct parts of the decision without a complete overhaul.

Dismissal

The appellate court dismisses the appeal for procedural reasons, such as lack of jurisdiction, untimeliness, or failure to follow proper procedures. A dismissal means the appeal is not considered on its merits, and the original judgment remains intact.

For more information on Appealing a Federal Conviction, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 600-3437 today.