Whenever we undertake the representation of a client, our objective is to obtain a satisfactory disposition before actual charges ever get filed. If circumstances don’t allow that, we work at completely dismantling the prosecution’s case. Here are just some of the things that our approach to
There are basic aspects of the El Paso
federal criminal appeals process that are sometimes unclear. This is primarily because the process is not what most people would expect. For starters, most of the time it doesn’t actually involve in-person contact. In fact, approximately 75 percent of cases are resolved on brief. This means parties involved submit briefs that are reviewed by appellate judges who issue a ruling. Yes, there’s the other 25 percent of cases in which oral arguments may be heard, but there is only a slight chance of that happening.
The purpose of aEl Paso
federal criminal appeal lawyer is to challenge an order or judgment made by a district court by presenting the alleged legal error or issue to an appellate court. This does not include hearing or re-opening the facts of the case. For clarification, it’s important to know that an appeal and a trial have very little in common, if anything. As mentioned previously, most federal criminal
appeals are resolved on brief without there ever being any in-person interaction. This is an aspect of the process that some people find difficult because there’s an assumption that oral arguments will always be made.
When you’re dealing with a district
court case, there’s a good chance that a jury, witnesses, and a court reporter will be involved in the process. Not so with a El
Paso federal criminal appeal. That’s because
federal appellate courts serve a different purpose and they are not courts of record. Their job is to analyze the merits of a case based on the information presented in briefs and sometimes in oral arguments. In other words, it’s not a retrial and no new facts about the case will be heard. However, there is a considerable amount of effort that goes into examining whether any legal errors were made during the trial as alleged.
From a procedural standpoint, a notice of
appeal is submitted within ten days of the conviction for the purpose of notifying the appellate and district court of the intention to appeal. Since the process must start quickly, it’s necessary to
hire an attorney as soon as possible. This should be an appellate lawyer that’s knowledgeable and experienced; if for no other reason than to ensure they are able to write an exceptional brief. If you work with a lawyer that’s adept at oral arguments, but not writing appellate court briefs, you minimize your chances of winning an appeal. Keep in mind that they will also need to have good research skills given the importance of precedence when dealing with
appeals.
El Paso Federal Appeals Lawyers
If you are unable to retain an appellate lawyer or your trial lawyer is unable to represent you during the appeal, you can have them file either a notice of appeal or a pro se notice on your behalf. The purpose of a pro se notice is to inform the court that you will be filing a notice of appeal with the help of counsel. You can actually find a federal notice of El Paso appeal online if it becomes necessary in order to submit the form within the ten day period. Although legal processes can seem complicated and intimidating, it’s relatively easy to submit a notice of appeal.
As you embark upon the appeals process, you should have realistic expectations concerning the amount of time it will take, which can be anywhere from months to years. Keep in mind that the process requires appellate judges to review many of the case files in order to make a decision about whether a legal error occurred. There are hundreds of cases reviewed and most of them will take a considerable amount of time. If you want to get an estimate on the approximate timeframe, you can get general information through the Administrative Office of the United States Courts. While it takes an average of a year to receive a ruling, the timeframe varies depending on where you’re located.
Much like other violent offenses, homicide and murder charges can result in hefty fines and lengthy sentences. However, due to the nature of the alleged crime, federal judges and investigators in El Paso take homicide much more seriously than other federal cases.
Are you facing investigation, indictment, or charges for homicide or murder and aren’t sure where to turn? If you’ve been accused of murder, or speculate that you will be soon, it’s time to get a lawyer. Our team of expert
federal criminal defense attorneys understand the complex difficulties you and your family are now facing as a result of a homicide investigation. Learn all about what to do next from Spodek Law Group’s defense attorneys in El Paso.
Why You Need a Murder and Homicide Defense Lawyer in El Paso
Navigating the
criminal justice system can be complicated on the best of days. Add in
federal criminal charges, and it’s the perfect recipe for disaster without an attorney to guide your way. If you’re facing
federal criminal charges, you need an attorney to help you through those troubled waters.
Federal Prosecutors Mean Business
You’ve probably noticed that murder and homicide charges are serious enough to make front-page news on a regular basis. Consequently, prosecutors and investigators will go to great lengths to maintain their appearance in the eyes of the public.
Although everyone should be presumed innocent until proven guilty, the prosecution team and Attorney General will not rest until they have someone behind bars or until a case has been cleared by another means. This is especially true if the case is high-profile.
Giving the impression of thorough investigation not only helps the prosecution team to keep their jobs, but it works to give the public a sense of safety. Sadly, that’s also the reason that the courts don’t always have your best interest in mind. Discover how a well-respected and experienced
federal criminal defense lawyer can help protect your rights.
At Spodek Law Group, our
criminal defense lawyers are dedicated to defending you and your best interests no matter the charges. We’ll back your case with the full force of the law to ensure you receive fair treatment throughout the criminal justice system.
Combined Charges
Because murders and homicides don’t happen in a vacuum, there’s a chance other charges may be involved as well. If you’re looking at federal charges for murder, in addition to drug trafficking, smuggling, robbery, or kidnapping charges, it is vital that you get in touch with an attorney right away.
How the Justice System Can Impact Your Life
Beyond time spent behind bars, the weight of a murder investigation can wreak havoc on your life and the lives of your family members. Being
convicted of a federal crime like homicide can make it difficult to obtain safe housing or to retain gainful employment. Not to mention what the investigation will do to your reputation and that of your family.
How a
Criminal Defense Lawyer Fights For You
On a scale of seriousness, homicide and murder are as big as it gets.
Federal investigators pull no stops to get the outcome they want against who they presume is at fault. You’ll run the risk of life in prison and, in worst-case scenarios, the death penalty is a possibility. Other federal crimes, although often serious or violent in nature as well, aren’t usually punished so harshly. A
criminal defense lawyer has the full impact of a case at the forefront of their mind.
When it comes to murder or homicide, strategy is crucial to earning the best possible outcome for your case. Depending on the fervor of the prosecutor’s case, we can work with you to use a combination of strategies to strengthen your case. It’s vital that your defense looks at the facts from all angles, including the following possibilities.
Mistaken identity
Is it possible they are investigating the wrong person? Our criminal defense attorneys will work hard to find out.
Plea-bargains
What if you could plead guilty to lesser charges and not spend the rest of your life in prison? We’ll help you come to your decision after digging through every piece of evidence.
Mistrial
Although most federal judges do their best to follow and enforce the rules, no one is perfect. If there’s a chance we can argue the trial was flawed, we’ll take it.
Illegal search and seizure
Was your person or property illegally searched or obtained for a
federal investigation? If the evidence the prosecution is using was illegally gained, we’ll work diligently to ensure that evidence is not admissible throughout your trial.
Insanity
Certain crimes are arguably committed by those with mental health problems. If that’s the case, an insanity plea may be your best bet.
Accidental
Unfortunately, accidents really do happen. If there’s a loss of life that you did not intend, we can work with you on creating an accidental death defense.
Self-Defense
Sometimes, when a loss occurs, it’s the result of one person protecting themselves. If you were defending yourself prior to that individual’s death, it may be considered self-defense.
Facing the
criminal justice system for something minor like a traffic ticket can seem daunting. Don’t face severe issues, such as murder charges, by yourself. If you are facing murder, homicide, or manslaughter charges, you can’t afford to wait. Our criminal defense team knows how devastating it is for you and your family to experience a murder investigation or trial by yourselves. We’re here to help.
https://www.fbi.gov/resources/victim-services/a-brief-description-of-the-federal-criminal-justice-process
https://www.justice.gov/usao/justice-101/faq