We Know How To Win Cases
By Spodek Law Group
July 27, 2023Federal Criminal Appeals – A Guide for the Average Joe
So you or someone you care about has been convicted of a federal crime. That sucks. I’m sorry you’re going through this. But don’t lose hope! You may still be able to challenge your conviction or sentence through a federal criminal appeal.
I know appeals can be confusing, especially if you don’t have a law degree (I don’t either!). This article is meant to help explain the federal criminal appeals process in simple terms that anyone can understand. I’ll walk through the basics of how appeals work, some key things to know, and what you can expect from the process. My goal is to help you feel more prepared and less anxious.
What Exactly is a Criminal Appeal?
An appeal is a request to a higher court to review a decision made by a lower court. In a criminal case, the defendant appeals their conviction or sentence. They argue that the trial court made legal mistakes that affected the outcome of their case.
The appeals court will take a fresh look at the case to see if any errors were made. They don’t retry the entire case or hear new evidence – they just look at the record of what happened at the original trial and make sure the law was applied correctly.
If the appeals court agrees that serious mistakes were made, they can do things like:
- Overturn a conviction entirely
- Order a new trial
- Reduce a sentence or vacate it entirely
However, if the appeals court decides the lower court acted properly, they’ll uphold the conviction and/or sentence. At that point, there are limited further appeal options.
So in a nutshell, an appeal gives you a chance to have your case reviewed for potential errors. But it doesn’t guarantee the outcome will change.
Who Can File a Federal Criminal Appeal?
The simple answer is any defendant who has been convicted of a federal crime, either by guilty plea or trial verdict, has a right to appeal. Even if you pleaded guilty, you can still appeal issues like your sentence or plea proceedings.
To appeal, you must first file a “notice of appeal” within 14 days after entry of the judgment against you. This is usually a simple formality – your trial lawyer can handle it. But don’t miss that deadline!
If you can’t afford an attorney for your appeal, the court will appoint one for you. You can also get court approval to avoid paying filing fees and transcript costs if needed.
How Does the Appeals Process Work?
Here are the basic steps in a federal criminal appeal:
- Notice of appeal – This starts the clock ticking. It’s filed within 14 days after entry of judgment.
- Record preparation – This includes getting transcripts of court proceedings and collecting other documents relevant to the appeal.
- Briefing – This is the meat of the process. Your lawyer files a written brief explaining alleged errors made by the lower court. The government gets to respond.
- Oral argument (sometimes) – In some cases, the lawyers get to argue before a panel of appeals judges. But many cases are decided just on the briefs.
- Opinion – The appeals court issues a written ruling explaining its decision and if any relief is granted.
This whole process usually takes around a year, sometimes longer. It moves slowly – the courts have huge caseloads. But it’s important to be patient and let the process play out.
What Kinds of Issues Can I Raise on Appeal?
Lots of things about your case can potentially be appealed. Common appeal issues include:
- Evidentiary issues – e.g. evidence that was wrongfully allowed or excluded at trial
- Procedural errors – e.g. issues with jury selection, incorrect jury instructions
- Sentencing errors – e.g. miscalculation of guidelines, failure to properly explain sentence
- Ineffective assistance of counsel – e.g. failure to object to errors, not preparing adequately
- Prosecutorial misconduct – e.g. inflammatory statements, withholding evidence
- Unconstitutional actions – e.g. violations of your 4th, 5th or 6th Amendment rights
Your lawyer’s job is to scour the record and identify any and all appealable mistakes. Don’t be afraid to suggest issues – you may notice things your lawyer missed.
What’s the Standard for Getting a Conviction Reversed?
The appeals court uses a high standard in deciding whether to overturn a conviction. They will only do so if they find that mistakes made at trial were so serious that the outcome was likely affected.
In other words, minor technical errors won’t get a conviction reversed. The mistakes have to be major enough that, had they not occurred, there was a reasonable probability of a different verdict.
That’s a tough standard to meet. But it happens, especially in cases with multiple serious errors. Don’t lose hope – highlight the strongest appeal issues and craft persuasive arguments explaining how they skewed the trial’s fairness.
How Can I Help My Lawyer With My Appeal?
The best thing you can do is communicate openly with your lawyer. Tell them everything you remember about your case, especially:
- Key events from trial, plea hearing, or sentencing
- Any pre-trial motions or hearings
- Private conversations with your trial lawyer
- Witnesses or evidence you wish was presented
- Anything that seemed “off” or unfair
Don’t assume your lawyer remembers every detail. Refreshing their memory helps them spot potential appeal issues. Send written notes if needed.
Also, be patient and cooperate fully with your lawyer. Appeals move slowly but are complex endeavors. Trust your lawyer’s strategic judgment – they have experience identifying the best issues.
What If I Lose My Appeal? Do I Have Any Remaining Options?
If you lose your direct appeal, hope is not totally lost. You may be able to file additional types of appeals or requests for relief, including:
- Motion for reconsideration – Ask the appeals court to rethink their ruling. Rarely granted but can’t hurt to try.
- Request for en banc review – Ask the full appeals court (not just a 3-judge panel) to hear your case. Also rarely granted.
- Petition for certiorari – Ask the U.S. Supreme Court to review your case. Very rarely granted but you can try.
- Habeas corpus petition – Collaterally attack your conviction and sentence through a civil proceeding. Limited grounds but can raise constitutional issues.
- Commutation of sentence – Petition the Office of the Pardon Attorney to reduce your prison term. Hard to get but can be rewarding.
- Clemency petition – Request the President grant a pardon undoing your conviction or commuting your sentence. Extremely rare but presidents have broad pardon power.
Don’t get your hopes up too high about any of these long-shot options. But it doesn’t hurt to explore them if you have a compelling case. Just know that direct appeals have the highest success rates.
Conclusion – Some Final Thoughts
The appeals process can seem daunting. But going in with knowledge prepares you to be an engaged, helpful partner for your lawyer. Understanding the basics helps you know what to expect each step of the way.
Federal appeals are complex and challenging. But they remain an important mechanism for remedying injustices. With determination and commitment to uncovering errors, you have a fighting chance. Don’t lose faith!
I know this is a stressful time. My heart goes out to you and your family. I hope this guide provides some measure of clarity and comfort as you embark on this difficult journey. You aren’t alone – many who came before you have navigated these waters. Stay strong and keep hope alive. Much love!
