Sometimes you may feel that the court ruling for a criminal offense you or your family member committed is not fair. If you think so, then the legal battle should not end there. The US law provides for an option to appeal for anyone who feels uncomfortable with the ruling. Well, you may be wondering what do I really need do to file a criminal appeal? How long will the federal criminal appeal take? These are some of the concern that you may be having. This piece will give you an insight into how long and what you really need to do to initiate and move a federal criminal appeal.
First of all is that you need a legal counsel or rather an attorney to guide you through the entire process. You will need an energetic and willing to help pursue your freedom. Go out there and do some intensive research, this way you find the most appropriate lawyer for your appeal. The period it takes to complete a federal criminal appeal is one of greatest concerns for individual willing to overturn a ruling.
In most instances, the process will take you one year to reach the climax. It may even go past a year depending on the progress of the appeal proceedings and the intensity leveled against the ruling of the federal court. This is the main reason behind the need for a reliable and skillful criminal attorney.
So, what does the federal criminal appeal entail? Here are some procedures that constitute the process.
First, you need to file a federal criminal appeal. This is another reason why you need a criminal attorney. This process should start as soon as the court sentence is issued. Usually, the defendant team is given a few days to do the entire filing process. After the ruling, your lawyer will file a notice of appeal. The notice will initiate a court report ordering the release of the trial documents. After receiving the document from the court, the lawyer will proceed to write an account of the argument. He/she will then submit it to the federal court. Once this process is complete, the appellate court will start hearing the case. It is important that the process is completed within the stipulated time to avoid inconveniences.
After the filing, the appellate court will take over the case process. This marks the beginning of the appeal process. All parties will begin by giving a briefing of the case. The process may take around three months. After that, you will wait for some time before the appellate judges provide the direction for your case.
Two reasons mainly cause the delay. At this point, the judges have a range of options to consider on how to respond to the case. Secondly, the judges have to do intensive reviews on the case records and the briefing of the involved parties.
In some instances, the judges may consider an oral argument. An oral proceeding will consume much time. It will most probably go on for around four months. This is where need your lawyer the most. An oral argument is typically complicated; thus it is the responsibility of the criminal attorney to provide you with explicit provisions of the case proceedings.
After the completion of the oral arguments, the appellate judges will proceed to determine the direction of your appeal. It is in their power to either uphold the decision of the of the initial court ruling or overturn it (nullify the verdict). In addition this, the court may also choose to remand the case to another federal court. In such a case, the remanding process will be accompanied by instructions. If you find yourself in such a situation, it means that you will have to wait for much longer before the final ruling is made.
It is more than clear the presence of an attorney is essential. If you feel that you stand a chance to overturn the ruling of the previous court proceedings it crucial that you consider hiring a lawyer.
The appellate process may take longer than you expect. Hence, hiring a patient, considerate and skilled lawyer should be a top priority before initiating the appeal process. Go for job fit attorney, one who has specialized and experienced with cases such as yours. An excellent legal counsel will help you navigate the appellate process more efficiently. He will also make sure you are posted on the proceedings of the case. Besides, he/ she offer consultation services on your concern about the appeal. The lawyer will ensure that all provisions provided for in the appeal process are law-abiding and do any way compromise the outcome of the legal proceeding in a federal criminal court.
The best lawyer will give it all to ensure that justice is served.