Federal Appeals Lawyers
Federal Appeals: Reversing Wrongful Convictions and Excessive Sentences
The Spodek Law Group is a top-rated federal appeals law firm. If you need help appealing a federal case, we can help. If you’re wrongfully convicted, or you’re facing an excessive sentence, a federal appeals attorney at the Spodek Law Group can help you. An experienced federal appeals attorney can help you reverse a wrongful conviction, or reduce a sentence in a federal case. The federal appeals attorneys at our firm are admitted to practice in many federal circuit courts, and can help you understand your chances of successfully appealing your case.
The Federal Appeals Process
A direct appeal of a federal conviction begins with filing a notice of appeal by a federal appeals attorney within 2 weeks of sentencing. The defendant, called the “appellant,” has to file a brief with the clerk of the US Court of Appeals right after. This document explains to the court the history of the case, and the relevant facts of the case, and the legal/factual findings of the court, and most importantly – the legal arguments behind why the sentence should be reversed.
The government will then respond by filing an opposing brief. Briefs will be sent to a panel 3 federal judges to be reviewed. Lawyers for each side may be called for an oral argument before the panel, but more often, the appeal is decided on the substance within the brief. If either party is unhappy with the panel’s ruling, it can file a reconsideration, or rehearing, by the Court of Appeals. This Court consists of over a dozen judges.
How Long Does a Federal Criminal Appeal Take?
The answer on how long a federal criminal appeal could take might be disappointing to you. The appellate process is incredibly slow, especially at the federal level. Most federal criminal appeals take upwards of a year or more. It is possible for an appeal to take even longer, or perhaps your case could move more quickly. However, if you want to appeal your case decision, it is important that you get ready for a long and drawn-out battle.
If you or your loved ones are dissatisfied with the result you received in a trial and want to file an appeal, it is crucial that you work with a knowledgeable lawyer who is willing to put in the hard work required to guarantee you have the best chance at success. Our federal appeals team is available right now to begin working with anyone who has been convicted of a misdemeanor or federal felony and knows what it takes to win both verdict and sentence appeals. Visit our firm today or call us via phone for a free initial case consultation and to learn more about how to file an appeal, what the appellate process is in a federal criminal case, and what steps you need to take for a successful appeal.
There is only one result that you will be happy with if you invest your time and resources in a lengthy legal battle—victory. Our skilled federal defense attorneys know how to win it and are fully equipped to take over at any stage of the appellate process. Remember, you may only have the right to appeal for a limited time, so act quickly. Although the appellate process takes so long, the time you have to file an appeal goes by very fast. Don’t think twice. Work with a lawyer early on and make sure you take the proper steps to file an appeal.
First Steps in Filing a Federal Criminal Appeal
Following sentencing in a case, you will file notice of appeal. The court reporter will then order transcripts from the trial—this can potentially be done in advance if you have been convicted and want to appeal. You move into the briefing stage once you have a transcript of everything that was said and done in your case. During the briefing stage, your lawyer will prepare a written account of your argument for the court. The appellate court takes over the case after briefs are prepared by both sides.
Federal Appellate Courts – Filing a Criminal Appeal
You may have to wait for a long time to hear back on next steps once the court takes over a case. Appellate courts have many cases to handle and often too few judges to go around. Moreover, appellate courts have long records to review, which can take months.
Oral argument will be ordered if a court decides it is necessary. Although this may indicate that the court is more seriously considering your appeal, this can prolong an appellate case even further. To guarantee you are fully guided throughout the appeal process, work with a lawyer who will help you keep track of how your case is proceeding and make certain you have the best chance towards a favorable end result.
The panel of judges will decide what should happen in the case when a court finishes with briefs and, if necessary, oral arguments. They may make a ruling overturning the case, they may affirm the lower court judgment, or they can remand the case back to another court with instructions. This can mean heading back to court to further prolong a conclusion to your legal battle.
The appellate process is not short and definitely not easy. This is why we recommend that you have an experienced lawyer on your side helping you handle every aspect of the appellate process. Our skilled trial attorneys have extensive experiences and are prepared to do whatever it takes to get you the results you deserve. We will work for as long as it takes to ensure justice is served. For individualized case advice and to learn more on what you can do to keep combatting for your best interests, get in touch with our defense team. Continue fighting even after a federal conviction! Let our team represent you.
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