Last Updated on: 18th October 2023, 09:01 am

Can a Lawyer Help with Federal Sentencing and Appeals in New York?

The Federal Sentencing Process

After your convicted of a federal crime, your case moves to the sentencing phase. This involves determining your sentencing guidelines range based on your criminal history and details of the crime. Federal sentences tend to be much higher than state sentences. So having an lawyer to advocate for you is crucial.

Heres some ways a federal defense lawyer can help with sentencing:

• Review the Presentence Investigation Report (PSR) – This report prepared by probation officers includes your criminal history and facts of the case. It recommends your guidelines range. Your lawyer will review it for errors or omissions that could lower your range.
• Object to guideline calculations – Your lawyer can argue that certain sentencing enhancements or calculations are incorrect or don’t apply to your case.
• Present mitigating circumstances – Your lawyer can bring up mitigating factors about you, like mental health issues, family circumstances, charitable deeds, etc. This can persuade the judge to go lower than the guidelines.
• Advocate for a variance – Your lawyer can argue that the guidelines are too harsh for your specific case, and ask the judge for a “variance” to go lower.
• Argue for the mandatory minimum – If your facing a charge with a mandatory minimum sentence, your lawyer may argue that it doesn’t apply.

In some cases, your lawyer may even negotiate a plea deal with specific sentencing terms with the prosecutor. Overall, an experienced federal defense lawyer understands the complex sentencing guidelines and laws. They can identify arguments to help reduce your sentence.

The Federal Appeals Process

If your convicted and sentenced, you can also consider filing an appeal. Heres some key ways a lawyer can assist with a federal appeal in New York:

• Identify appealable issues – Your lawyer will review the case records and identify legal mistakes the judge or prosecutor made that could form the basis of an appeal.
• File the notice of appeal – Your lawyer will handle properly filing the notice of appeal in your federal district court within 14 days after sentencing.
• Obtain the trial record – Your lawyer will get transcripts and all records of the trial proceedings from the district court to use in the appeal.
• Write the appellate brief – Your lawyer will draft the formal legal brief detailing the legal arguments for why your conviction or sentence should be overturned.
• File supporting documents – Your lawyer can submit affidavits or other documents supporting your arguments.
• Present oral argument – If granted oral argument, your lawyer will argue in person before the appellate panel about why your appeal should win.

The appeals court will then issue a written decision on your case. If they rule in your favor, your conviction or sentence can be reversed. A knowledgeable federal appeals lawyer knows how to identify the best issues to raise on appeal and argue persuasively for you.