South Florida Criminal Attorneys Blog
If you’ve been convicted of a federal crime and believe something went wrong during your trial, you have the option to appeal. The federal appeals process allows for your case to be reviewed, with the goal of identifying any legal errors that may have affected the outcome. Although it can seem complex, understanding the steps involved can help you approach it with confidence and pursue justice.
What Is a Federal Appeal?
An appeal is not a retrial or an opportunity to introduce new evidence. Instead, it’s a request for a higher court to examine the trial proceedings and determine if legal mistakes were made. Federal appeals are heard by the U.S. Courts of Appeals, where a panel of judges evaluates the case. Potential errors could include improper jury instructions, insufficient evidence supporting the verdict, or incorrectly admitted evidence. It’s important to remember that appeals must focus on legal errors rather than disagreements over facts.
While the appeals process is largely based on written submissions, it’s a critical opportunity to ensure your rights were upheld during the trial. A successful appeal could result in a new trial, a lighter sentence, or even a dismissal of charges. However, time is of the essence—missing deadlines or filing incomplete paperwork could jeopardize your chances for a successful appeal.
The Appeals Process
1. Filing a Notice of Appeal: After a conviction, you have a limited time—usually 14 days—to file a notice of appeal. This formal step informs the court and prosecution of your intent to challenge the ruling.
2. Submitting Briefs: Both your attorney and the prosecution submit written arguments (briefs) outlining their positions. Your attorney’s brief will focus on legal mistakes made during the trial, while the prosecution will argue to uphold the conviction. Attention to detail and clear, compelling arguments are essential in these documents.
3. Oral Arguments: In some instances, both sides are asked to present oral arguments before the appellate judges, giving them a chance to clarify points raised in the briefs. This step can be critical in influencing the court’s interpretation of the case.
4. Decision: The panel of judges will either uphold the conviction, reverse it, or send the case back to the lower court for further proceedings. Their decision is usually based on whether legal errors were significant enough to have impacted the verdict or sentencing.
Working with an Experienced Attorney
Handling a federal appeal successfully requires legal expertise. Michael B. Cohen, a respected attorney with a strong record in appellate cases, is an outstanding choice for those looking to challenge a federal conviction. Cohen’s deep knowledge of federal law, attention to detail, and commitment to his clients make him a trusted advocate in navigating the appeals process. His personalized approach ensures that every client receives the attention their case deserves. To improve your chances of a successful appeal, contact Michael B. Cohen today for a free consultation. His experience, reliability, and dedication will give you confidence as you move forward in your legal journey.