If you were convicted of a crime after a federal trial, you can appeal the case with the help of an experienced attorney. You won’t be able to complete this phase without the assistance of an attorney, who can navigate the court system and file the necessary documentation to expedite the process.
Understanding the Appeals Process
You must first grasp how a federal appeal works and what to expect before you can learn how a criminal defense lawyer can help. Keep in mind that an appeals attorney’s talents are distinct from those of a defense counsel. As you progress through the appeals process, it’s important to clarify this fact.
Learn More about Appeals on the Spodek Law Group Website
You can get started by going to the Spodek Law Group website. Obtaining the fundamental information offered on the website will provide you with the necessary background information to proceed with your appeal. A skilled criminal defense and federal appeals lawyer can help you get your sentence reduced or your conviction overturned if you were wrongfully convicted.
An appeal’s notice must be filed within a certain amount of time to directly appeal a case (2 weeks after sentencing). During the appeals process, you will be referred to as an appellant.
Beginning the Process: What to Expect
Your lawyer will file a brief with the United States Court of Appeals that covers the procedural history of your case as well as the pertinent data. It will also include the trial court’s legal conclusions as well as the legal arguments that favor the sentencing reversal.
In turn, the government will respond by filing an opposing brief. Briefs are sent to federal judges to review and the lawyers for each side, occasionally, may be called to verbally argue the case. However, in most instances, cases are decided based on the filed briefs.
Filing a Reconsideration
If the decision is still not to your liking, the appeals process does not end there. Your lawyer can still file a reconsideration. At this point, the case may be heard by as many as 12 or more judges.
Other Appeals Options
If this motion is denied, you still have two options – to file a petition for writ of certiorari with the U.S. Supreme Court or to file a motion under the ruling, 28 U.S.C. 2255, that challenges the conviction.
A Petition for Writ of Certiorari
The petition for a writ of certiorari merely is used to hear a further appeal. This type of appeal is challenging, as it must show at least 4 Supreme Court judges that the case raises important legal questions – questions that fall in dispute in various Courts of Appeal.
A 2255 Motion
Typically, the last opportunity for an appeal is provided by filing a 2255 type of motion to challenge the sentencing. The 2255 motion is now filed in place of a motion for habeas corpus as it is easier to file.
The 2255 is filed in the court of trial where the defendant was sentenced. It is not filed in the appellate court. This motion is used to show that errors occurred during the trial that require the court’s review.
Select an Experienced Appeals Lawyer to Guarantee a Better Outcome
To successfully manage a post-conviction proceeding, your attorney must know both the procedural rules for filing and how to argue complicated legal issues and precedents. Make sure you choose someone who is committed to fight for your rights so your case is fairly managed and you’ll experience a more positive outcome.