Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.
In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.
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Last Updated on: 20th October 2023, 09:23 am
Getting convicted of a federal crime can be devastating. Many folks feel like their life is over. But there is still hope! Just because you got convicted doesn’t mean all is lost. You still have rights and options. This article will break down how the appeal process works and what you can do after a conviction.
After being convicted at trial or pleading guilty in federal court, the first option for challenging the conviction or sentence is to file a direct appeal. The direct appeal goes to the Court of Appeals for the circuit where the district court is located.
For example, appeals from district courts in California would go to the Ninth Circuit Court of Appeals. The direct appeal can challenge issues like:
However, the issues raised are limited to the trial court record. The appeals court will not consider new evidence that wasn’t introduced at trial.
The deadline for filing a notice of direct appeal is 14 days from the entry of judgment. This deadline is strict, so don’t delay in consulting with an appellate attorney.
Some key strategies in direct appeal include:
The appeals court may affirm the conviction and sentence, reverse it entirely, or sometimes order a new trial or sentencing. But relief is limited since the appeals court can only consider the trial court record.
After a direct appeal, the next option is filing a habeas corpus petition under 28 U.S.C. § 2255. The petition is filed directly in the district court where the person was convicted.
Habeas corpus provides another chance to challenge the conviction or sentence. A habeas petition can raise issues like:
It also allows presenting new evidence outside the trial record, like:
This extra-record evidence can provide grounds for the court to vacate the conviction, order a new trial, or correct the sentence.
Various procedural rules limit federal appeals and habeas petitions, so it’s important to work with an experienced post-conviction attorney. Some requirements include:
An attorney can help navigate these complex procedural rules to ensure claims are properly raised and preserved.
In addition to challenging the conviction itself, there are options for reducing excessive prison sentences:
An experienced post-conviction attorney can pursue these avenues for sentence reductions either separately or alongside challenges to the conviction itself.
The appeals process after a federal conviction can seem daunting. Post-conviction attorneys have experience identifying the best strategies for overturning wrongful convictions or excessive sentences. Their skills include:
Rather than going it alone, consult with a dedicated federal post-conviction attorney. Having an experienced lawyer greatly improves the chances of success on appeal or habeas.
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